Break in communications with Board Members

All, I am currently experiencing a serious communications issue with the board that I serve on. This same situation happened to another member who recently resigned and I would like to turn the ship on this as I have a significant amount of time left on my term and I don’t intend to resign.
More and more I have to send 2-3 or more emails to get a single response and the responses that I get are vague and inconclusive. For example, if I send an email about compliance issue…no response. If I send a second email on the same topic I might get one meaningless response. To date I have two different emails out there on two different compliance issues. I have another to send shortly. Now if I send something to the board members about an upcoming fun event, I get responses thus proving their email accounts work.

Compliance issues have been a hot contentious issue for several months. The last person that went through was handling compliance issues (following the process approved by the board). The board is “trying” to change its approach but nothing conclusive (see my post on members visiting homes) and that does not relieve the board of their responsibilities in this area. Furthermore, the problem areas are getting worse day by day. I would hate for the board to get in trouble over selective or no enforcement of the covenants.

From my perspective I see this as a much bigger problem – a board of directors/officers who seem to believe it is ok to ignore other board members and by extension homeowners. The same behavior is occurring at the meetings. I see nothing but problems ahead.
Thoughts. Comments. Suggestions.
Thanks in advance.

Well, sounds like u are raising a flag and no one is saluting. In my way of thinking, my guess is that the other board members are not in agreement with what you are giving notice....or don't feel it's important enough to warrant a response.

Not sure if there's much you can do about it....other than to keep on, keeping on - hoping that, sooner or later, you will be serving with others who are of the same mindset as you. What do u think?

Especially difficult if u are in the minority on this.

oljim, in texas

Good point, "ol Jim"; but i still need to know why emails should be sent to all directors re: these alleged violations.

The procedure on this now is to send a letter to notify the resident,... The board has been at odds about sending letters but that has not been officially changed.mi was not appointed to by the board. This is a boar function as this community is privately managed by the HOA and there is not a committee. Further, I am a board director so if I see violations I will bring them to the attention of the board for action. I don't go looking for them but when someone's grass is two feet high then it is clearly a problem. The board president is supposed to be signing off on the letters prepared by the secretary but no action.

Examples: three yards with grass 2 feet high, one completely overgrown with weeds (repeat offender), others with equipment on Their property that is not allowed under covenants (one repeat offender).
I have asked without judging at meetings and a lot of this circles around how to notify, letter or door knock. Now the majority of the board can't actually agree on what to change the process to but the current process notify by letter.
I am not looking for one answer but more to get comments on this and to hear what others have experienced in hopes that I can discover something that could work for our HOA.

Examples: three yards with grass 2 feet high, one completely overgrown with weeds (repeat offender), others with equipment on Their property that is not allowed under covenants (one repeat offender).
I have asked without judging at meetings and a lot of this circles around how to notify, letter or door knock. Now the majority of the board can't actually agree on what to change the process to but the current process notify by letter.
I am not looking for one answer but more to get comments on this and to hear what others have experienced in hopes that I can discover some ideas that could work for our HOA.

Sounds more like a call to the local health department would be quicker than the HOA trying to enforce.

Many communities have property standards regarding weeds, height of grass, height of tree limbs above the sidewalk, etc. Any citizen can report such violations, it does not require Board action or anything else. We use the city whenever possible as their enforcement actions often result in the problem being addressed immediately. Does your city have such property standards?

To an extent the locale does do enforcement it is along process that previous boards have looked into but choose not to use. It is something that I will bring up at the next meeting. I appreciate the feedback. However, there are bigger issues around just enforcing the rules. And as I am seeing/learning the board is under no real obligation to enforce rules.

Crystal,

Thanks for the input. I think that you summed up where I am on this. It is a shame that it has to be this way but it is the reality of the situation.

He means they are under no obligation to respond to an email. Board of director business should be taking place during an open meeting, NOT EMAIL.



Caring and wanting something done immediately about a lawn are very different things. If your rules say upon noticing someone's lawn is overgrown, it should be brought up at the next meeting, then that is what should be done. If you want to violate your own rules by aggressively emailing other board of directors, its likely they do not share your passion to violate the rules setup to govern your own HOA.

Perhaps I have missed something in this thread. Do you not have a property management company who sends out violation letters? Do you not have a process in place to handle violations?

Our HOA operates as follows- management company sends out violation notices. Homeowner can receive initial notice and then second notice indicates potential for legal action for continued non-compliance. If the issue is still not corrected, there is a third notice and from there, the Board has to decide whether to turn the issue over to the Association's attorney. If the issue is turned over to the Attorney then the owner can be held liable for the Association's expenses in seeking compliance.

The Board should be voting at meetings as to whether they wish to pursue non-compliance issues to the legal level of enforcement. If there is a definitive process in place for notifying owners of non-compliance AND the Board is following the process, there should be no need for additional back and forth emails.

I am not a big fan in some attorney's interpretation of our new Open Meeting Act that went into effect on Jan 1, 2012. I believe Board's should be able to discuss via email topics that will be placed on the agenda for a Board meeting. As many know, I am a very firm believer of Board transparency, but some communities have complex issues that have to be discussed in preparation for a meeting.

We have to post agendas 96 hours prior to General Board meetings in California and the agendas must include the specific items that the Board will be taking up at the meeting. Civil Code here allow homeowner a portion of the meeting to discuss anything on their mind, hopefully something on the agenda. But remember, only the Board has the authority to vote, not the members. So if the Board prepared ahead of time, WHO CARES!!

Or if the neighborhood looks great but the membership thinks the Association is nothing but a bunch of low life, fine happy, . . . . (well you get the idea). I wouldn't ask them for an opinion either.

If you are emailing the entire board, their replies are likely to constitute an unadvertised meeting and can get you in trouble. You should set up a rules committee to deal with violations, as the committee can talk to one another outside of meetings and be impartial to some extent.

EW, the main reason that our Board didn't seem to get anywhere was because no one wanted to step up and be the real President who then takes charge. Honestly, after being schooled by a county HOA board, I became the Prez in order to get necessary stuff done. It was a hard but rewarding experience and the other members were glad that I took the reigns to make some decisions happen etc. All within the CCR's etc. Most people like to be led in the sense of, ok, let's discuss and then vote. Instead of it being left by the way side.

Whomever holds the title of President should be made aware that they either put out or get out because the hole only get's deeper.

The board checked on emails, unadvertised meetings,... with our attorney and that is not an issue as long as we are not voting. No voting in these emails. We did have a committee at one point and it fell apart and there is still no real interest by anyone in the community to be on one hence compliance is getting "handled" by the board. We did have a "process" with notifying by letter, appeals,... but many of the members felt that was not neighborly thus the majority wants to go back to knocking on doors (I posted a discussion on that). Funny, thing on that is the majority voted for knocking on doors but most of them refuse to do it or will only do it if it someone they are friends with or it is an issue that they have a "connection with". So per the procedure everyone is to be emailed. The board asked our attorney about setting up fines, letters and a process. We now have that for review but I am almost certain that the majority will not pass that in any form.

Anyone on this site can drive a truck through all of the holes in this. So could someone who wants to sue! I fully recognize that this needs to change but I fear that I am the only one left who does.

I'm surprised about the advice you received. Here is what the FL statute says:

(2) BOARD MEETINGS.—
(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.

EW, are you saying that you don't have a fining policy or that have a fining policy, but the board won't enforce it?

If we had no fining policy, I think we would have many people who wouldn't comply. A knock on the door wouldn't help with at least 1/3 of our community. And once the word got around that the knock can be ignored, even less compliance.

I applaud your efforts to get clarity. But I can't see you getting anywhere without a fining schedule. The old adage: "Walk softly and carry a big stick" has merit.

I do not understand where your other board members are coming from. Make work for yourselves. Applaud yourselves for building community one on one. Stick your head in the sand on non-compliance. Sounds nuts to me.

EW

I am not nor do I play a lawyer.

Covenants not allowing nor referencing fines is one issue and could require a Covenant change.

Covenants allowing fines/recourse/damages/whatever but not having a schedule may simply need BOD Rules & Regulations Policy to create such a schedule.