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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I am the President of a 5 member board. I think only two or three members have actually read the documents. It gets discouraging to have to explain so much to Board members who may have not read the documents

I know in Fl there is a state law that Board members are required to read the documents, but I haven't read a law like that for NE>
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BonnieG1 on 09/18/2014 4:55 PM

I know in Fl there is a state law that Board members are required to read the documents, but I haven't read a law like that for NE>

Not exactly. There is a FL statute that requires members of the Board to indicate that they have read their governing documents. That does not really mean that they actually read them or, if they did read them, that they understood them. It's a feel good law.

See:

FL 720.3033 or FL 718.112 for the actual statute.
DouglasK1 (Florida)
Posts: 2,046
Posted:
It boils down to "you can lead a horse to water..."

Lack of BOD knowledge of the docs was a major reason I ran again after 13 years of not being on the board.

Long story, but the gist is that I found that several directors were referring to the CCRs as the bylaws, and had never seen the actual bylaws and didn't know they existed. The board had appointed a nominating committee that had promoted themselves to election committee. They were getting ready to hold our annual BOD election via email before the annual meeting.

Not only would that have negated the main purpose of the annual meeting, but would have broken other rules in the real bylaws (that they had never seen and didn't realize they hadn't seen). They were reading the CCRs and complaining that the "bylaws" didn't tell how the election was to be held. I scanned my copy of the bylaws, and sent them to the board and the nominating
just in time to stop the email election.

Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I had a rule... I always brought a copy of the rules to the meetings. The rules were available right there and accessible. Why not? We never gave out a violation notice without quoting from them anyways. If someone had a question, we could simply stop and point it out in the documents or wait until another meeting after they were read/understood. If the answer was complicated.

HOA rules are PUBLIC documents except for the by-laws/ACC documents. So there is no reason not to have a copy or if need be provide a copy (at cost if need be for copying costs).

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
As Douglas and Melissa points out, you can't get Board members to read documents. You can only make sure that you have read the documents and, when necessary, have them handy at meetings so you can read the applicable sections to the other members.
FredS7 (Arizona)
Posts: 927
Posted:
Reading and understanding are two entirely different things. The second is surprisingly rare.

You will be fortunate if you only need to deal with people who don't read; those who are intent on NOT understanding are even more difficult to deal with.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By FredS7 on 09/19/2014 5:25 AM
Reading and understanding are two entirely different things. The second is surprisingly rare.

You will be fortunate if you only need to deal with people who don't read; those who are intent on NOT understanding are even more difficult to deal with.

I agree with you that those who are intent no NOT understanding are more difficult. One of these people is a former President. He made the statement once (I think I mentioned it before) that he could find no reference to the percent that each unit is allocated anywhere in our documents. There is a whole page with this information.
This former President caused problems (still dealing with some he caused 4 years ago) when he was President and is giving me grief now. He thinks he knows so much and knows so little. And to think when I was first voted on the Board, I went to him for advise. Now that is scary.
DavidW5 (North Carolina)
Posts: 565
Posted:
You get the leadership you deserve. If the association members vote for board candidates who have not demonstrated the motivation to already become familiar with the governing documents, then there is not much you can do about it after the fact.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
failing to at least read the documents could easily lead to non and perhaps mal feasance

both of which would preclude coverage by the D&O insurance in the event of a lawsuit

point this out to the non-readers and if they resign, good riddance
MelissaP1 (Alabama)
Posts: 13,836
Posted:
When I took over my HOA, it was a mess. No one really read the rules or understood them. I have to admit I did not know about them when I moved in myself. It was a learning curve for me too... However, I found the best practice is to have the rules available and learn to reference them during meetings. It's NOT every meeting as it gets mundane but when questions arise bring them out.

If you just make a good practice at writing out violations and quoting the exact reference in the document of the violation, that goes a long way for learning. People in violation will want to defend themselves and read up. The person writing the letter, learns how to interpret and learn the rules.

I found that only providing answers to members with the phrase "Let me check the rules first and get back with you" should be adequate in learning and teaching. It gives you the board a moment to review and form an opinion on what the rules means before randomly speaking outloud.

Once you make it a good practice, then everyone will eventually read up and educate themselves. Just have to learn how to practice or even have special sessions to discuss. I would even suggest doing a short get together and go over a different section. That way you all will know the rules, translate it, and/or decide to update your documents.

Former HOA President
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By FredS7 on 09/19/2014 5:25 AM
Reading and understanding are two entirely different things. The second is surprisingly rare.

You will be fortunate if you only need to deal with people who don't read; those who are intent on NOT understanding are even more difficult to deal with.

Exactly. Some won't read, others will skim, some will read and not comprehend, etc...

The best I've found is to have everything in order, have the book on hand, and BEFORE meetings to cite chapter/verse of the issues that are before the board. I generally write something up as a prelude to the discussion that gets emailed out. I know this still isn't read, but it includes the pertinent information. Akin to spoon-feeding, but ya gotta do what ya gotta do.

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