Rules and Regulations

JoyceR1 (Florida)
Posts: 3

Posted:

I have recently been elected as a treasurer to a board of 5 . There is only two new directors coming in. One week prior to the election the previous board sent out new rules and regulations for the campground. We will need to vote on this on our next meeting which is only one week after we were appointed. I don't think it is enough time for the two new members to review and give a sound vote on these changes. How can I postponed the voting ??

GlenL (Ohio)
Posts: 5,491

Posted:

Make a motion at the meeting to postpone the vote until the February meeting. If it gets seconded and passed your home free, if not hold the vote and hope for the best.

Studies show that 5 out of 4 people have problems with fractions

KerryL1 (California)
Posts: 14,550

Posted:

So the new Board insists of three veterans, and you two new directors?

JoyceR1 (Florida)
Posts: 3

Posted:

yes, I have many objections on the new rules, they didn't not detail which were the changes from the old to the new, and as I understand this was done under a drafted by a commitee but under new board will have these committee reassigned. so how can the new board vote on something done by the previous board and previous committee?

FredS7 (Arizona)
Posts: 927

Posted:

> how can the new board vote on something done by the previous board and previous committee?

By becoming informed about the issue. If you strongly believe that more time for consideration is needed, then make a motion to that effect. Be prepared for the possibility that the motion will fail.

Another possible motion is for a version that clearly indicates the changes. This is very easy to do in Microsoft Word if both versions are available.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joyce

Typically Rules and Regulations are made by the BOD alone and can be changed by a BOD, including a new one. They are not Covenant nor Bylaw changes which generally require owners to vote on.

Typically there will be a Motion, a Second, then a discussion between all BOD Members, then a vote. The discussion time will be your turn to voice your opinion. Maybe you can get others to vote against, modify, table, or even have the motion withdrawn.

Maybe it is to late for you to do anything. It passes 3 to 2. If so gather support and bring it up for re-consideration at another time.

JoyceR1 (Florida)
Posts: 3

Posted:

there will be a general meeting the day of the voting, I know many owners will be there to voice there opinion on the new rules , I don't think I will be able to table it , guess I will need to present to a motion to amend.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Rules and Regulations may NOT, repeat may NOT, add restrictions not in the Covenants.

They may merely EXPOUND upon existing Restrictions found in the CCRs.

KerryL1 (California)
Posts: 14,550

Posted:

Thanks for your clarification, Joyce.

You say there'll be a "general Meeting." Is that a meeting of the membership? or a meeting of the Board?

Is the campground a part of your HOA, which is homes or condos or perhaps a mobile home park? Or is your HOA actually a campground? Sorry to be so obtuse today!

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By JoyceR1 on 01/19/2015 11:25 AM
I have recently been elected as a treasurer to a board of 5 . There is only two new directors coming in. One week prior to the election the previous board sent out new rules and regulations for the campground. We will need to vote on this on our next meeting which is only one week after we were appointed. I don't think it is enough time for the two new members to review and give a sound vote on these changes. How can I postponed the voting ??

I would suggest that the two of you make a motion and second to table the new rules and regs until you both have an opportunity to fully review and make any changes. Of course the other three could overrule but that would hardly be the way to start with new directors.

As a new board member of our HOA I empathize with you. Our HOA holds board elections every other November (2 year terms), but the board approves annual contracts, and makes decisions on any increase in assessments during October which I feel is inappropriate because it commits potential new board members to a contract and assessment they never reviewed or voted on. I think a lot of this is done because most boards don't expect they will be replaced so it's business as usual. We are going to be instituting a new policy to ensure that annual contracts and any contemplated assessment increases are renewed or approved after the November election.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By NigelB on 01/20/2015 7:52 AM

Posted By JoyceR1 on 01/19/2015 11:25 AM
I have recently been elected as a treasurer to a board of 5 . There is only two new directors coming in. One week prior to the election the previous board sent out new rules and regulations for the campground. We will need to vote on this on our next meeting which is only one week after we were appointed. I don't think it is enough time for the two new members to review and give a sound vote on these changes. How can I postponed the voting ??

I would suggest that the two of you make a motion and second to table the new rules and regs until you both have an opportunity to fully review and make any changes. Of course the other three could overrule but that would hardly be the way to start with new directors.

As a new board member of our HOA I empathize with you. Our HOA holds board elections every other November (2 year terms), but the board approves annual contracts, and makes decisions on any increase in assessments during October which I feel is inappropriate because it commits potential new board members to a contract and assessment they never reviewed or voted on. I think a lot of this is done because most boards don't expect they will be replaced so it's business as usual. We are going to be instituting a new policy to ensure that annual contracts and any contemplated assessment increases are renewed or approved after the November election.

I understand your concern, but you should also consider that you may lose on a competitive price with a contractor you really like if you wait. I don’t know if your documents require a new budget be approved before the year ends – if so, it may be a bit much to get the new directors up to speed on everything (starting in November, people are thinking more about the holidays and may be inclined to approve something just to get it over with).

Our budget has to be with the homeowners by Dec. 1 (the board doesn't need homeowner approval to increase assessments unless it exceeds 5% over the current year) and we have Board elections every February (we have staggered elections). Could you have your elections earlier in the year - that would give the new people time to learn the ropes and evaluate the contractors performance and then when budget preparation starts in the fall, they'll have more information to use in making a decision.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius