Board president refuses to give other board members access to board's email account

Bucky

The Email for our residents was initially proposed to be setup the same way until several of us on the BOD said we felt we were being kept out of the loop. The President initially defended the method saying he did not want all of us replying and setting the stage for conflicting replies. He had a valid point which we all agreed with. We did set it up so we were all copied but yet the President was still left as the "only/official" responder unless someone else (MC, BOD Member, Committee Chair, etc.) was designated to be such.

There is a chat on this board about someone being granted permission by a committee that was incorrect and it is causing an issue. There has to be a chain of command or anarchy can rule.

I am the only board member with access to our association email account. I set it up with approval from the BOD and I tend to it. Co-owners know that if they email, their email will be in the next board packet and the board's response will follow the next monthly BOD meeting. It was/is not very efficient. Now, if a co-owner emails, I send it straight to the property manager. If it's something she needs to address asap, she does. An email account has not been very useful for us but once in awhile, someone uses it to complain. Co-owners are encouraged to go straight to the PM for the quickest response.

> how long has this account existed? How long has this arrangement been in place? Who set up the account?
> How long has the President served on the board? How long have you been serving?

As far as I know, this account was created about 5 years ago. It was supposed to be a board shared account, but somehow the President decided that he should be the only one to have access to it. He's been president for over 5 years. I'm relatively new, 1 year.

> How many board members do you have? What is their position on this matter?
> Are all the other board members seeking access to this account or just you?

We have total 5 board members. I have not talked to them about it yet, since I just asked the President for access and just found out that the rest of the board members did not have access to it. I had assumed that they all did.

> Sounds like a possible power struggle between you and the President. Just wondering other than this issue what is your relationship as Board members?

I don't think so. I haven't done anything on the board except nod in agreement. This is the first issue that I felt was not right.

> And just what is your #1 concern with the account under their control and what do you think access would allow you to do?

The main concern is that there is a lack of transparency and accountability. All of our official communications say to contact the board at this email address, but it's not reaching 4/5ths of the board. The President is replying to homeowner questions, complaints, issues on his own without any knowledge by the other board members, on behalf of the entire board.

I would like myself and all board members to be informed of all homeowner questions, complaints, issues so that we can make informed decisions when we vote.

I think, Bucky that you have every reason to be concerned that something's not quite right.

Our bylaws, for instance, say that "the Board" makes decisions (some of which can be delegated to our property mgr. [PM]). What do your bylaws say?? Put another way, what is your understanding of the role and authority of a board of directors in your HOA? Isn't it stated in your CC&Rs and also in your bylaws?

I do think that some get "the board" confused with the president. The president is NOT the board unless your board conferred a great deal of power on him via your votes at an open meeting.

Now, your board may have, via its vote, delegated a whole lot of decision-making to the president. Even if that's the case in your HOA, the president still should make a written report to you directors at every meeting what business he handled, the outcome, the cost if any, etc.

Do some of his decisions involved him actually making policy or a rule? If so, I think he's way out of line! Those are tasks for a board. If not, what kind of action DOES he take without board concurrence at an open meeting re: these emails???

In CA, boards make decisions with their votes at open meetings. In CA, agendas, or matters that the Board needs to decide, must be posted 4 days before your open meetings. It sounds to me like this guy needs to be reined in. But It also sounds like you need to study your own documents to see how your HOA should be governed.

A very fine learning site is Davis-Stirling.com, which is compiled by CA HOA attorneys. It has a very fine Main Index. Look up things like the board of directors and click on various sub titles.

The way ours works:

We have an email account for the board, let's call it [email protected].

Our email account is set up so that every email sent TO [email protected] is automatically forwarded to each of our 5 board members' individual email addresses. Total transparency on everything that comes in.

Whenever an email is sent FROM [email protected], it is also copied TO [email protected]. By copying it TO [email protected], these responses get forwarded to all board members' individual email accounts. Total transparency on everything that goes out.

Only one person actually uses the [email protected] email account. The other 4 board members rely on what they get in their personal emails.

In your situation, where you have been refused access to the hoa email account, you might try our approach. Less chance of egos getting bruised.

Bucky's concern is that the prez "makes many unilateral decisions on handling homeowner issues." I'm guessing that his HOA's governing documents do not give the prez this kind of authority UNLESS the Board permits it with a vote at--in CA--an open meeting. This does not seem at all odd or strange.

It's very possible that the other directors aren't aware of their rightful authority and duties and, of course, that is their problem. I hope that Bucky learns what other directors should be doing to govern their HOA. To give too much power to a board prez and not even know exactly WHT he "unilaterally" decides put the HOA at rick.

Thanks for cleaning up (one of my) typos, Richard. When a board of directors turns a blind eye to the activities of one director, in this case the president, and does nothing to to encourage the board to govern, as it legally should, I think that those oblivious directors could be liable for the president's decisions. Not sure, however!

Richard seeing as I asked those questions to answer you I care. And that is all that mattered. Whether you find value in that doesn't matter to me in the least.
Whether the opinions of those other board members is irrelevant to you or not who cares?
Whether or not the fact this arrangement has been used for 5 years matters to YOU or not who cares.
Has any owner complained about the president's handling of these e-mails? Who cares?
What kind of job does the president do in their position? Who cares?
Why would the other board members support this person as president? Who cares?
Do the other members of the board want a role in addressing these e-mails? Right, who cares?

As none of us know the content or areas discussed in ANY of these e-mails quite a stretch to then conclude this "potentially puts them in harms way" pure
speculation on both your and Kerry's part.
And in the event NONE of the other members care to involve themselves in this big threat to the all important issue of transparency what then? Right, who cares?
The president is doing what he is being allowed to do with perhaps the board's blessings. That is why I asked MY questions.
And myself I would not want someone with 1 year on the board providing answers to owners as the board's representative. Might put them all in harms way.
To be clear in my view California's rules in many cases are unnecessary, cumbersome, and anal. Thankfully, that is not a problem I need to deal with.
Your role with CAI and your strong feelings about transparency don't make you the burning bush as to how all California HOAs are run and certainly those outside California.
Nor does it then permit YOU to decide who has the right to ask what and why. If you think your opinion really matters you are kidding yourself.
Out of line? Just where do you get off making that judgement? Who cares........
I will participate on this forum in the manner I see fit. Whether you find value in my posts I could not care any less.

Richard

I was not addressing anyone but you. The person who made the determination my posting questions was "out of line."

Don't now deflect my comments to you and suggest they reflect my dealings with homeowners here.

Somehow Richard I have been elected over and over again for 28 years now. What about you?

Guess someone here doesn''t share your limited views. Guess they might believe I'm doing an OK job.

You have shown to everyone what it means to have a different opinion than your own. Why wouldn't anyone think that is how you would treat your fellow homeowners if they ever disagreed with you.

I know elected officials in Washington that could say they same thing about being elected that many times, BUT it doesn't mean they are doing an OK job, now does it?

Have to agree with others here. These questions have no bearing on who should have access to the email account. If it is an HOA email account, every board member should have access.

Simply stated YES. They should all have access to the account. If they chose not to access it, that is their prerogative. Having access to the account and responding to emails are two different things.