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JoeS26 (Illinois)
Posts: 34
Posted:
Quick question friends. I am running for our board and have put together a list of all the things the board has screwed up over the past year (e.g., dwindling our once $1 million in reserves, mismanaging funds, utilizing the association attorney for personal vendettas). Our property manager is even being investigated by the state for unprofessional conduct (also included in the letter). My question is, when I turn in my letter to run for the board, the management has to send it out to all of the residents with absentee ballots, etc. Being corrupt, what can I expect the board to try to do to silence me? I want to be prepared ahead of time, and all of my statements are accurate and based on my personal observations. Thank you in advance!
JoeS26 (Illinois)
Posts: 34
Posted:
Haha, and I can't spell censor. Maybe one of the moderators could help me out with the correct spelling. Thanks
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Joe

Were I the MC or BOD, I would send your letter our as is. I would then comb over it and legally go after you if I felt there were unfounded/unproven accusations.

Be careful.

LarryB13 (Arizona)
Posts: 4,099
Posted:
I do not trust an official election committee to send out material that is critical of itself. Yes, they should not censor but if they are as corrupt as you think they are I would not trust them.

An alternative is to turn in a bland, inoffensive statement and let them send that out. Then mail out your own more accusatory statement once your name is on the ballot.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Larry

You sneaky SOB.

I like your thinking.
JoeS26 (Illinois)
Posts: 34
Posted:
My name will go on the ballot either way. I'd have to mail my own copy to almost 500 people, so I'd rather my harsh statement go out with the ballots.

These people know I know they're corrupt. It's total hunger games in our coop.

I'm going to comb over it for accuracy - but I was on a number of committees this year so it's all first hand observations.

I just want to make sure I know my rights should they try to say they won't send it.

Thanks
JoeS26 (Illinois)
Posts: 34
Posted:
This is a big favor to ask- but if I remove identifying information - would anyone offer to take a look at my one pager?
KerryL1 (California)
Posts: 14,550
Posted:
I tend to agree with Larry. Send a candidate statement that focuses on all of the positive things you want to do and list your accomplishments on committees.

Show your experience and knowledge. Keep it classy. Keep it under 1 page.

I was just reelected to my board and though a competitor's candidate statement was nice and too bland, she distributed a very nasty critique of me under the doors of 100 condos. She also put a stack in the mailroom of `100 other condos. She lost because of that negative and inaccurate letter.

Sure send your draft statement--make sure you redact all names including your HOA name.
JoeS26 (Illinois)
Posts: 34
Posted:
I played nice last year and focused on all the positive things I would do. The board leveraged a smeer campaign in retaliation. There are so many owners who live out of town and don't know the drama. I need to reach these people. If you can PM your email - I'll send along.
JoeS26 (Illinois)
Posts: 34
Posted:
Hi Kerry, First of all, sorry to hear that a nasty letter was publicized critiquing you. That's never a good experience. I assure you, mine is a valid compliant of the board's track record. Thank you for agreeing to look over my letter. I don't see a way to private message on hoatalk.com. Should I scrub it of identifying information and post it as an attachment to this thread? I'm really open to criticism, so I don't mind many people seeing it. I'd rather get advice now, before I have it mailed to 500 units.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, scrub it of all names and your HOA's name and paste it on this thread. I don't know how attachments work here, but others do. You might get a lot of helpful feedback!
JoeS26 (Illinois)
Posts: 34
Posted:
Thank you for your review of the letter. Here is the 'scrubbed' version:

WHERE DID ALL OUR MONEY GO? OUR PERSONAL INVESTMENTS ARE AT RISK, AND PROPERTY VALUES ARE PLUMMETING. IS THIS THE DIRECTION YOU WANT OUR BUILDING TO CONTINUE HEADING?

OVER THE PAST YEAR, I HAVE OBSERVED THE BOARD POORLY HANDLING ITS FUDICIARY DUTY BY
• Mismanaging a $3 million operating budget to the point where even basic utilities require a special assessment
• Dwindling our once robust reserve to less than $300,000, which is all earmarked for special projects
• Forgiving $113,556 over the past four years in bad debts for unpaid assessments and passing the cost onto us
• Approving exuberant expenses in the finance meeting, e.g., spending $4500 on holiday decorations
• Spending $45,397 last year to maintain an electronics recycling bin located in the garage
• Allowing contractors to personally utilize the dumpsters for complete rehabs at a charge to us
• Frivolously spending Association dollars using our attorney to pursue personal vendettas (rate is $350/hr)

ADDITIONALLY
• Our current board is made up of appointed members to presumably keep like-minded owners in charge of our finances and other special interests– for example, the existing board appointed an unknown owner and overlooked three qualified candidates who are all active on committees, and who ran last year
• The current board president stated ā€œNumbers lie, and liars use numbersā€ when dismissing a suggestion to survey the building,
• The last election required no voter registration and the auditor accepted all ballots including those submitted by a deceased owner, the building manager, an individual who hadn’t yet closed on his purchased unit, and a bank representative voting for four HUD properties – all votes were for the incumbents.

THE BOARD LETS THE BUILDING MANAGER CONTINUE
• To allow residents and friends to hang out in the office for extended periods, which is a poor use of the money we pay for a salary of $88,036 (building manager) and $50,000 (assistant manager)
• Permit door personnel to leave the door unguarded for extended periods late at night allowing unidentified people to let themselves in to the building.
• To let a robbery of $800 from the front office go unreported to the police and undisclosed to us
• To enforce two sets of rules – one set for the ā€œin groupā€ and another much harsher set for the ā€œout groupā€
• To partially answer or ignore valid record and financial requests pursuant of the IL Condo Act
• To do a poor job of scheduling our staff by asking them to consistently work double shifts at a cost of time and a half to us
• To take minutes for the Board, which is a clear conflict of interest
As a result, our property manager and supervisor are under investigation by the state for alleged unprofessional conduct

WE HAVE BEEN NEGATIVELY IMPACTED BY
• Reduced property values - Lenders will not finance loans in buildings with dangerously low reserve funds
• Continued special assessments – our reserve is no longer able to cover unanticipated weather demands and general building repairs

It’s time for change. Let’s set a new course and take back control of our building and our finances. I’m an individual who ran for the board last year, and as a consequence was targeted with false accusations, bogus fines, and even death threats – all currently under investigation by the police or in review by court of law. It shocks me to see the extent that people will go to hang onto power, but I’m unafraid of these methods of intimidation. Moreover, nothing can detract from the fact that the board makes terrible decisions, ignores its constituents, and has dwindled our once $1 million+ in reserves.

THIS IS OUR MOMENT to step up and do something to correct our Association’s problems. If you are tired of being ignored by the current board, stand with me and let’s begin the journey together toward making our building the best on Sheridan Road.

I look forward to meeting with you personally and answering your questions, at our December XXX
Holiday ā€œUgly Sweaterā€ – Chili Cook-off, Doors open at 8 pm
I look forward to earning your trust and your vote
TimB4 (Tennessee)
Posts: 21,059
Posted:
Joe,

Having been involved in running my Association, I would read your letter and conclude that you don't really know what you are talking about. The reason I would conclude such things is because you provide no facts to back-up your claim and there may very well be reasons why things were done.

For example: "Forgiving $113,556 over the past four years in bad debts for unpaid assessments and passing the cost onto us" Do you know why they were forgiven? Do you understand the costs involved in collecting the debts. Was a lien made on the property and the property foreclosed on by the bank (which wiped out the lien)? Do you know where those individuals currently live/work (if not, it's hard to go after them to garnish wages, etc.)? It's very possible that the assessments were written off as bad debt because that was the least expensive option.

For example: "The last election required no voter registration and the auditor accepted all ballots including those submitted by a deceased owner" Have you checked the applicable State statutes? Typically, in corporate laws, when an owner dies, the estate may vote on behalf of the owner. Is this what occurred?

For example: "THE BOARD LETS THE BUILDING MANAGER CONTINUE To take minutes for the Board, which is a clear conflict of interest " Really, that's what you want to go with? This is common practice in Associations. Since the Board has to approve or amend and then approve the minutes, how is this a conflict of interest?

For example: "THE BOARD LETS THE BUILDING MANAGER CONTINUE To enforce two sets of rules – one set for the ā€œin groupā€ and another much harsher set for the ā€œout groupā€ " I hope you have actual proof of this selected enforcement. Otherwise, it can be considered liable.

Joe, My advice is:

Write up a bio on what skills you bring to the Association. Briefly mention how those skills may help address the concerns of the need for special assessments, and how costs might be able to be cut.
For example, you could say:

I believe in bidding out every contract everytime it comes up for renewal. This way the members are sure that they are getting the best value for their money and ensures that Board that the price they are being charged is reasonable when compared to other contractors in the field.

Over the past four years, the Association had to write off over $100,000 in bad debt. I believe in having a fair collection policy (if none exists) and following that policy in the collection of assessments. I believe that the Association should work with individuals who may be having momentary financial difficulties providing that they show good faith and can pay something.

I believe that the membership has a right to know what is going on within it's association and support transparency through newsletters and fulfilling requests to examine records in a timely manner.

I can not accomplish what I believe in without your support and the support of others on the Board. Board decisions are made by majority vote and I will be but one vote. However, I will work to make what I believe come true if the members will support me.

This way, you don't accuse, you don't slander, you keep channels open (because you are only one vote and the rest of the board could simply outvote you at every action, i.e. you need allies on the Board not enemies).

Hope this helps,

Tim
JonD1
Posts: 2,350
Posted:
Joe

After reading your draft I would offer this. Many years ago I found myself on the Board with a group of ignorant, self-serving, zipperheads.

But the reality was the numbers were 1 against 8. My chances of success zero.

Rather than taking them on head on I worked to bring like minded informed owners to even the numbers or close.

Then one year I worked to the surprise of the President, VP and Treasurer to vote them out.

After serving more than 20 years they were gone in one election.

My point is showing your cards now serves what purpose? If you get elected you will be a minority of one with little hope of accomplishing anything.

And do you really think a majority of the owners will read what you have written, understand, comprehend and care enough to act?

As with Tim there are a lot of accusations in your draft just not a lot of facts to back them up. People hanging around in an office does not constitute a federal offense.

Writing off bad debt that will not be collected is not wrong in all cases.

You fight the fight by picking the battles you can win when YOU decide to fight them. Alienating the entire Board and anyone who supports them by making blanket accusations of the faults and missteps leaves you few people that in the end might support your efforts.

Good luck.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am sorry but did you think this letter was going to be private??? First thing of running an OPEN HOA is every member should have access to records. This would be a record. I told people in my HOA that it is my responsibility to read correspondence at our OPEN meetings. Our Board meetings were held in front of the membership. They could see openly our opinions and decisions when someone had an issue.

I once had a letter reporting a lawncare person peeing in someone's backyard. I had gotten up late and forgot to open the gate to the bathrooms. This person wanted the lawncare fired. Really? That requires a 3 bid process and it is a yearly contract. We don't throw out a contractor over something so small. We just note it.

In my HOA you wanted something you attended a meeting or sent a letter. Expect the letter to be read openly and to have a solution. No solution, then expect the solution to be decided for you whether you like it or not. Welcome to HOA world...

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Melissa,

The OP never thought the letter was going to be private. It's a draft of a letter he wants the Association to include in their annual meeting notice that announces the candidates (from my understanding, every candidate can write one and have it included in the package).

The OP is simply looking for feedback on the letter itself.
KerryL1 (California)
Posts: 14,550
Posted:
Jon makes excellent points.

Tim is right, Joe. Take his advice about revising to a positive approach instead of a negative one like your current draft. It's too bitchy and even sounds paranoid here & there. You may have very good reason to be paranoid but do NOT show it!

Turn everything into a positive, action-oriented approach, e.g., "I'll work to beef up our reserves so that we have funds available for replacing our assets, and so that lenders are more likely to approve prospective buyers."

As mentioned above my opponent distributed a very negative letter and, I'm convinced lost her reelection bid because of it. Don't make her mistake. As a German-born friend insisted to me in her occasionally fractured English: "She shot herself in the arm!"

From Tim: "I believe in bidding out every contract everytime it comes up for renewal. This way the members are sure that they are getting the best value for their money and ensures that Board that the price they are being charged is reasonable when compared to other contractors in the field.

Over the past four years, the Association had to write off over $100,000 in bad debt. I believe in having a fair collection policy (if none exists) and following that policy in the collection of assessments. I believe that the Association should work with individuals who may be having momentary financial difficulties providing that they show good faith and can pay something.

I believe that the membership has a right to know what is going on within it's association and support transparency through newsletters and fulfilling requests to examine records in a timely manner.

I can not accomplish what I believe in without your support and the support of others on the Board. Board decisions are made by majority vote and I will be but one vote. However, I will work to make what I believe come true if the members will support me.

This way, you don't accuse, you don't slander, you keep channels open (because you are only one vote and the rest of the board could simply outvote you at every action, i.e. you need allies on the Board not enemies). "

I think you also need to add--in the positive--your committee experience and what your committee(s) accomplished. And, make the whole statement much shorter!!

With a lot of absentee owners, I would go ahead and send a positive letter to all of them about what you'll do. Sure, it'll cost you postage.

Are you a high rise condo building?
DouglasK1 (Florida)
Posts: 2,046
Posted:
I have to agree with the others to avoid a smear campaign. If you were lucky enough to end up with a new board where the majority agrees with you, it might not be too bad. If you get elected but most of the board is made up of existing members, don't expect the time of day from them, much less cooperation in making the changes you want to make.

Escaped former treasurer and director of a self managed association.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
can they? = yes

should they? = no

will they? = unknown

IMO: I would let you hang yourself with your own rope. You have provided more than enough.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I would also add that you should get out there and, if your association allows, knock on doors and send letters in order to be named as the proxy for members who will not be attending the meeting.
JoeS26 (Illinois)
Posts: 34
Posted:
This advice is incredible. I have scrapped my letter. It was an exercise in catharsis to get all of my frustrations out on paper. I'm glad to have had all of the very good input and the forsight that my letter would not do what I wanted it to. I'm very appreciative that you got to me before that letter made its way to every single owner. I've revamped it completely to focus on the positive (I especially appreciated the specific quotes you provided (I used them), the reaction that I may come off as paranoid to owners who don't know what's going on (so true), that many owners probably wouldn't even read the entire letter or look below the surface (dead on), and that I was giving up my cards (and providing enough rope to hang myself).

I hope I can keep coming back to make sure I'm on the right path. In my defense, it's hard to see outside of my situation. This is a slow process. I want to see action happen quickly but once these people are replaced, one by one, this building will become one of the greats.

Many many MANY thanks!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JoeS26 on 11/12/2014 6:46 AM

I hope I can keep coming back to make sure I'm on the right path.

Always welcome to be here.
In time, you will feel comfortable enough to give advice to others based on your experiences and help them.

Quote:
Posted By JoeS26 on 11/12/2014 6:46 AM

In my defense, it's hard to see outside of my situation.

That is a key thing to always remember. Being in the situation can put blinders onto the perspective.
If you take the time to look at the issue from a different perspective it will always be enlightening. You may not always agree with the other perspective, but, by seeing the other perspective, you should be able to better explain your perspective.

Quote:
Posted By JoeS26 on 11/12/2014 6:46 AM

This is a slow process. I want to see action happen quickly but once these people are replaced, one by one, this building will become one of the greats.

Yep. In time, and time moves both slower and quicker than you expect.

It took me three years to gather enough support within the membership to be able to make changes.

It took a full year on our Architectural Committee, with the help of other volunteer committee members, to reshape the perspective of that committee (ties now go to the homeowner).

It has taken over 5 years to make changes within the Association itself. However, we now have a solid Reserve fund, are in compliance with all, not just some, of the State statutes and have been able to lay a foundation to address issues that have been around for 25-30 years. We have made changes to the governing documents (not all the changes I wanted to see, but some and that is better then none).

None of those accomplishments could have been done without the support of fellow Board members.

As I said earlier, try not to change everything all at once. Take the time to understand why things are done the way they are, and then propose changes (which may mean that you do most of the initial work).
JonD1
Posts: 2,350
Posted:
Joe

Good luck to you and keep us in the loop as to how things are going.

Yes Rome was not built in a day and progress never comes as fast or easy as we might like.

You have to learn how to play this game better than those you wish to replace.

Full speed head on conflict many times is not the way to go.

Just to share my story it took 14 years to clean house of a ding dong Board and useless MC.

Sadly many people fall into a lack of interest and involvement in their own communities. Waking them up enough to even support positive change can be a difficult job. Slow and steady wins the race.

BobD4 (up north)
Posts: 1,002
Posted:
How common is it that the majority of owners - in any group over age 40 - want to see anything other than pictures of cute critters or recipes ?

Many beefers discover that it is easy for a Board under attack to swing the majority guns around on objections from the floor or even made privately. That majority may have some innate identification with imperfect volunteer Directors rather than the voicer of annoying inconvenient truths, maybe even until the whole building falls down.

Those Directors may enjoy - depending on jurisdiction - qualified "rights" to actually defame the beefer where comment has at least a veneer of fair governance scope. Many beefers face retaliatory ostracism, may even choose to move out if they fail to work up a sufficient possee of well-informed, mutually supportive fellow owners willing to step forward to let dissent be heard.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In my last HOA it took us (750 homes) one year of hard working, campaigning, proxy collecting, etc. to get two new people elected to the BOD. Our main goal was to be sure the existing President did not have enough votes on the BOD to be re-elected President or to any office by the BOD. We were successful thus we marginalized him.

The following year when the former President and two others were up for re-election we mounted a campaign to elect two new people to the BOD with the goal of the former Pres. finishing 4th meaning not re-elected. We were successful. He finished 4th and he went bye...bye...

It takes time and effort to make change. It does not happen overnight.

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