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Homeowners Forming Oversight Committes

Started by FredW5 • 14 replies • 3321 views

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FredW5 (Florida)
Posts: 177
Posted:
Our community residents have decided to form a committee of 5 or so to oversee the management company and HOA board activities, (or inactivities), due to lack of action pertaining to landscaping, and non-responsiveness to homeowners problems regarding repairs, etc.

Do any other HOAs have this type of group. One of our neighboring communities has such a group , and thus far it has become an asset in communication and action to both residents, management and board members.
Any thoughts appreciated.
BillH10 (Texas)
Posts: 1,217
Posted:
Fred, I understand your frustration and that of the others who are involved, but what will empower the oversight committee to accomplish its goals?

I believe you would be able to use such an organization to turn the existing board out of office, but if you do not agree with the board's decisions, about all you do is inform the board of your displeasure. The board is free to take your input under advisement, and act, or not act, as it sees fit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Fred,

Instead of forming an "oversight" committee. Talk to the Board and offer to have it be a landscape committee.
As a committee of the Board, the Committee could be empowered to obtain bids and proposals on behalf of the Association (the final decision being with the Board).

Otherwise, as Bill points out, you will be a group of homeowners with zero authority except the ability to vote the Board out at the next election (that is, if you can gather enough additional support).
KerryL1 (California)
Posts: 14,550
Posted:
I'm with both Bill and Tim. Try to be a Board-sanctioned committee first. It the Board won't authorize a committee, your stall can be a small group who works in a unified way to improve your HOA. You can meet, study your documents together, write polite helpful letters to the Board, attend meetings, etc.
and offer positive solutions.

If you see no positive changes, you have a strong nucleus to work to replace the board either by recall or at the next election of two. this is exactly what we did!
KerryL1 (California)
Posts: 14,550
Posted:
I'm with both Bill and Tim. Try to be a Board-sanctioned committee first. It the Board won't authorize a committee, your stall can be a small group who works in a unified way to improve your HOA. You can meet, study your documents together, write polite helpful letters to the Board, attend meetings, etc.
and offer positive solutions.

If you see no positive changes, you have a strong nucleus to work to replace the board either by recall or at the next election of two. this is exactly what we did!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Let us have an Oversee the BOD Committee. Then when we do not like what they do let us have an Oversee the Oversee the BOD Committee. Then when we do not like what they doi let us have an Oversee the.......get where I am going?

Where in the Covenants, Deed Restrictions, Bylaws, the whatever docs, do any give authority to an Oversee the Anything Committee?

KerryL1 (California)
Posts: 14,550
Posted:
Nice article in the News here about a group that voted out their Board in VA. Some of you may want to read it. It does offer hope when boards are no good!
FredW5 (Florida)
Posts: 177
Posted:
Thanks for the input, everyone. The suggestion of going to the board, and asking for such a (landscaping committee) has been ignored, hence the homeowners taking the initiative.
Two other neighboring HOAs have residents oversight committees, who although not sanctioned or appointed by the HOA board have been instrumental in walking through the neighborhood, checking out landscaping problems, illegally parked cars, instituting a neighborhood watch program etc, and have become an important part in reporting problems to the management company and also Board members.
Fred
FredW5 (Florida)
Posts: 177
Posted:
Great idea. Thanks
MelissaP1 (Alabama)
Posts: 13,836
Posted:
DO NOT MIX A NEIGHBORHOOD WATCH PROGRAM WITH YOUR HOA!!! A Neighborhood watch should never ever ever be part of your HOA funds or responsibility. Did I mention never ever? A neighborhood watch should be a SEPARATE entity. It can be made up of HOA members but also any resident. Having a neighborhood watch part of your HOA puts everyone at risk. We all seen that happen on the news and the HOA had to pay out lots of money due to it.

When you attend the meetings does anyone bring a copy of the rules? May start there and then figure out how a HOA is supposed to work.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MelissaP1 on 11/24/2014 12:04 PM
DO NOT MIX A NEIGHBORHOOD WATCH PROGRAM WITH YOUR HOA!!! A Neighborhood watch should never ever ever be part of your HOA funds or responsibility. Did I mention never ever? A neighborhood watch should be a SEPARATE entity. It can be made up of HOA members but also any resident. Having a neighborhood watch part of your HOA puts everyone at risk. We all seen that happen on the news and the HOA had to pay out lots of money due to it.

When you attend the meetings does anyone bring a copy of the rules? May start there and then figure out how a HOA is supposed to work.

Mel

I agree. In the case mentioned the Oversight Committee has no formal/official position in the HOA so it might not be an HOA issue. Let the Oversight Committee do as they wish and let the chips fall where they will as in them being personally sued.
CyrstalB (Maryland)
Posts: 457
Posted:
Let the Oversight Committee do as they wish and let the chips fall where they will as in them being personally sued.

Exactly! I recall our insurance policy specifically stating that the DO insurance covers committees that are "ordained" by the Board. There for with the policy we had, if your oversight committee is not by the board, you would most def be open for being sued on a personal note and you will be left to blow in the wind by your Board if sued. Check your policy, which I completely understand will be a hard thing to do with the board in place.

KerryL1 (California)
Posts: 14,550
Posted:
In CA, our corporations codes say that only board may form committee, appoint members, etc.

But if Fred & his group are not sanctioned by the Board, they still can write suggestions, etc. to the Board, report incidents to the mgmt. Co., etc. I don't see it as any different than one resident doing the same.

Is it this unsanctioned neighborhood watch program that could invite lawsuits against an individual "watchperson"? What would that person do? I'm not catching on to the liability topic. Or how this "group" could be sued?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Let's not overthink the Resident Oversight Board.

It would exist to critique every decision of the sitting Board of Directors while remaining sufficiently distant as to be unaccountable as well as unreachable when projects and proposals are thrust back to the Oversight Board.

Very simply, the oversight board should begin working to change the makeup of its HOA board of directors. Unofficial boards are pointless and if the same people are ignored now, they'll be ignored once they convene an oversight committee hearing. It's great neighborhood intrigue, though!
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By FredW5 on 11/22/2014 12:01 PM
Our community residents have decided to form a committee of 5 or so to oversee the management company and HOA board activities, (or inactivities), due to lack of action pertaining to landscaping, and non-responsiveness to homeowners problems regarding repairs, etc. ... Any thoughts appreciated.

There are few concerns that could not be partially resolved by spending tons of smart bucks. Except for high end, labour intensive luxury sites ( 'we'll serve every owner breakfast in bed if you want you pay the costs' ) professional managers are often spread very thinly over many sites. Volunteer self-managed sites are a dog's breakfast. Lack of skillsets & legal obstacles are everywhere.

The nearby oversight groups in other communities may have raised consciousness - eg about uniform outdoor orderliness - at least for the short term. Maybe they are also a visible symptom of wider community rejuvenation, whatever. If FredW5's community wants an engineering technician and 24/7 shifts of paralegals for every unit, there would be some visual improvements. If you want something long term you usually have to work/spend/monitor to maintain it, particularly at higher levels of visible compliance. How many want to do - and maybe spend bigger bucks for - all that ?

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