Board Member Seeks to Overturn Board Decision by Resident Signatures

Remind us, Marlene. Are you on the Board?

Next, did the Board approve these expenditures with their vote?? Or not?? what do the minutes of the relevant meeting(s) state??? Has your Board signed one or more contracts for this work???

And now you're saying that the Board voted again to negate one or more contracts that they already approved and maybe signed??

Why do you think the whole community should vote on this issue?? Is it because the cost exceeds certain state limits, or your own HOA limits? If not, there's not reason the community as a whole should vote.

Go to davis-stirling.com to learn about petitions and "special meetings of the members," how they may be called, etc. Also review your own bylaws on the same topic. In CA, members may call a meeting via a petition. But you need to learn much more, Marlene.

Rescinding a Board Decision:

Rescinding a Board Decision on the Davis-stirling website.

so, once again, talk talk talk without fact checking

Based on the link, JohnB, "However, boards are subject to any contracts entered into by prior boards and should not repudiate contracts without advice of counsel."

Read more: Rescinding a Decision http://www.davis-stirling.com/tabid/2267/Default.aspx#ixzz3NOPiDj6L
from Davis-Stirling.com by Adams Kessler PLC

So far as i know, boards cannot simply thumb their collective noses at executives contracts.

How can you execute a contract without permission? The contract says "go" unless there are internal clauses inside the contract.

You're wrong too. I meant execute the contract. That's why I wrote it.

Melissa was talking about an instance where a contractor with a signed contract started work prior to the HOA having their internal funding apparatus in place, and how much trouble it caused. I contend that baring any other verbiage in the contract, any clauses setting start dates or contingencies upon funding, that the contract says "go" ( or even "execute"). No other permission is needed.

Words are important, that's why grammar nazi's need to read carefully

To clarify... We had done work with the contractor a few months before. They did really great work. An owner then requested a project (Which I did NOT agree with being our responsibility) to be done. She wanted a retaining wall installed in the back of her house to prevent her A/C from flooding in the rain. (A few bricks would have fixed the issue but she refused). Anyway, I was out voted and had to go with installing a new retaining wall. The contractor was approved by the board and I had brought them out for a quote. Plus we had several other projects we were looking for and the contractor was in agreement of "lowering" the price for the jobs if we used them more than once. So we drafted up a few quotes at the time on other jobs we had in the works.

I had talked to the owner and told him that we would be ready for the project in a few months. That way we could get on his list as he was typically booked a few weeks/months behind. However, one of his employees took it on his own to "Pick and Pull" jobs from the folder on his boss's desk unbeknownst to ANY of us. Something he was dismissed for. I worked 2nd shift and did not get up until 10 am. I woke up to find they had already started the job with no phone call or contact. NOT a good morning!!! Especially since many of the workers did not speak English and my Spanish is not good...

So not all contracts go as planned... Execution of a contract can hold a new host of issues beside just awarding it...

Marlene

Are you saying that the "contract" is for professional services such as legal, accounting, property management, etc. versus physical like stop building a wall in the middle of the project?

I am not nor do I play a lawyer.

A properly written contract may have to "play" out to its end or one may have to pay an early our penalty such as a one year cell phone contract.

I also do not know if a "petition" in CA can over ride a BOD decision versus call for an open meeting to discuss.

You say you are trying to no say to much, but some of us need more info to be able to better advise.

The trouble as I see is, Marlene, that you toss in phrases like " any reputable company providing this service would only be too happy to delay if we wanted to seek further clarification."

Who is this "we"?? You're not on the board and the board approved and executed the contract, right? In addition, words like "reeks," "run amok," and "we're pretty sure is a kickback issue," really tell me soooo little. Try to stick to the facts, vs. speculation.

Contradictory statements there.

Both statements certainly can be valid. However, the choice needs to be made to have the project go forward now without the records (which may or may not be found) or to delay the project and incur additional expense (simply for cost of materials and/or labor).

As others pointed out, the Association entered into a contract. Delaying the contract will likely incur additional expenses as the contractor made a quote based on current conditions (availability of crews, cost of material, cost of labor, etc.). Since delaying the contract can cause damage to the contractor (damage in the form of the need to hire more crew, pay a higher cost for materials, etc.) the Association would likely need to pay that difference (sort of an order change when building a house).

Additionally, since the Association has entered into a contract, it's possible that they will need to pay for the contract regardless if they allow the work to be done or not. This will depend on the terms of the contract.


And every expense was likely approved by the Board (either by agreeing to terms in a contract, by agreeing to individual items or simply by not having a policy in place on how Board members will be reimbursed).


They were able to run amok because he Board allowed it.
If the person was reelected, then the membership also allowed it.


That statement shows a lack of knowledge or inexperience in how contractors work.

Unless you are the contractor, you have zero knowledge if agreements for materials, labor or scheduling of other jobs were done based on the contract your Association has with your contractor. Jobs may have even been turned down because they had an existing contract with your Association.


Again, this statement shows a lack of knowledge or inexperience on how contractors work.

You want to seek clarification. Well how long will that take? If you don't know the answer to that simple question, then the contractor has no idea on how to schedule materials, labor or other jobs. If you do know the answer to that question, the actual scheduling of materials, labor and other jobs simply might prevent the contractor from fulfilling the terms of the contract with your Association (as I seriously doubt that they are going to jeopardize other contracts for yours).


This is an issue for the Board.

If I recall correctly, your spouse is currently serving on the Board. Perhaps you should direct your concerns to him so he can take the necessary steps to delay the project (which may or may not increase costs or require the Association to pay a penalty).

You can go about the membership gathering support to either recall or simply not reelect the individual.

Have to laugh, cause those words tell me a lot about the whole issue!

DOH