Yes, No, or maybe Yes?

Started by NicoleO1 • 15 replies • 2106 views

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NicoleO1 (California)
Posts: 181

Posted:

We consistently have a pair or board members who will approve an item or motion only to second guess it after the fact is done and documented. We approved work to be done on a common area project that caused questions by one now the other after they approved the project.

Other than referring them to the minutes what can we do as a semi cohesive group to slow down or stop the second guessing of these actions afer the fact?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Remind them that they REPRESENT the people who voted them in NOT their personal opinion. When they make a decision, make sure it's in the mindset of the people who elected them. Once you realize the money your in charge of is NOT your money but EVERYONE's money, then maybe 2nd guessing will stop and forethought will come about.

Former HOA President

TimB4 (Tennessee)
Posts: 21,061

Posted:

Have those two do the research for the issues (or work on the team doing the research) and make the proposals.

NicoleO1 (California)
Posts: 181

Posted:

This has now happened again.

An owner was due to have flooring repaired with an approved estimate bid from last meeting. A week before the installation a board member started asking questions about the product she approved the month before.

Possible new water marks from another possible roof leak was found recently. The mark show now signs of active leak at this time. The flooring is scheduled to go in the next day now there is talk about delaying the installation on this owner and waiting for the entire roof to be done.

Can this really be done? The owner has waited a few months to get this sorted out and now has made personal time boxed up items only to be told they may delay for another few months? Meanwhile the flooring is peeling up and is causing a potential hazard to trip and fall.

wow. this is insanity and boardes on harassement I feel. Please advise. IS there any recourse.

NicoleO1 (California)
Posts: 181

Posted:

Posted By NicoleO1 on 09/02/2015 6:20 AM
This has now happened again.

An owner was due to have flooring repaired with an approved estimate bid from last meeting. A week before the installation a board member started asking questions about the product she approved the month before.

Possible new water marks from another possible roof leak was found recently. The mark show now signs of active leak at this time. The flooring is scheduled to go in the next day now there is talk about delaying the installation on this owner and waiting for the entire roof to be done.

Can this really be done? The owner has waited a few months to get this sorted out and now has made personal time boxed up items only to be told they may delay for another few months? Meanwhile the flooring is peeling up and is causing a potential hazard to trip and fall.

wow. this is insanity and boardes on harassement I feel. Please advise. IS there any recourse, and can a board stop a project like this? I am confused.. and feel this owner is being selectively picked on a bit.

DonA2 (Arizona)
Posts: 170

Posted:

Why are these members even voting if they don't know all the facts? Can't they ask to table the issue to do more research? I would think that once they vote on the issue, then it should be binding. Hold them to their vote.

NicoleO1 (California)
Posts: 181

Posted:

Heard an attorney is being sought after. The owner claims they tripped on the flooring and fell... no injury but still a very real issue since the owner is disabled and uses a cane to walk.

NicoleO1 (California)
Posts: 181

Posted:

Heard an attorney is being sought after. The owner claims they tripped on the flooring and fell... no injury but still a very real issue since the owner is disabled and uses a cane to walk.

NicoleO1 (California)
Posts: 181

Posted:

I do not know if that changes things. I am not sure what an atty can do but he costs of flooring plus lost wages from work I am sure are higher than small claims allows.

BobD4 (up north)
Posts: 1,002

Posted:

Are they repudiating their prior vote for a Resolution ? Are they claiming they never voted for a particular Resolution, or that the decision-making was not legally binding later without concurrent physical presence or internet/other consistent with what the jurisdiction & CCRs legally require ?

Or are they merely getting some sort of remorse after a legally valid resolution process ? Didn't do their homework properly ?

Common or not, this scenario has been cited where legal formality gets ignored or seriously neglected, but later Directors refuse to physically Resolve what they had verbally concurred.

More reasons to do homework/insist that a non-emergency decision be deferred briefly until such is possible.

FredS7 (Arizona)
Posts: 927

Posted:

>Are they repudiating their prior vote for a Resolution ?

If you conduct the meeting professionally, there is a vote and that vote is recorded in the minutes.

Again if the meeting is conducted professionally, bringing an issue back for reconsideration requires a vote. (I am not an expert on Robert's rules, but there is a whole procedure about this).

NicoleO1 (California)
Posts: 181

Posted:

Quote:

Posted By BobD4 on 09/02/2015 7:09 AM
Are they repudiating their prior vote for a Resolution ? Are they claiming they never voted for a particular Resolution, or that the decision-making was not legally binding later without concurrent physical presence or internet/other consistent with what the jurisdiction & CCRs legally require ?

Or are they merely getting some sort of remorse after a legally valid resolution process ? Didn't do their homework properly ?

Common or not, this scenario has been cited where legal formality gets ignored or seriously neglected, but later Directors refuse to physically Resolve what they had verbally concurred.

More reasons to do homework/insist that a non-emergency decision be deferred briefly until such is possible.

THey approved intalling in a formal meeting last month... and then the back pedalling. this has hystorically happened alot with this group. My concern is the potential legal issue here.

DonA2 (Arizona)
Posts: 170

Posted:

If they voted yes at the meeting and it is recorded in the minutes, that should be the end of it. Why is the Board allowing them to go back on their vote?

NicoleO1 (California)
Posts: 181

Posted:

One would wonder..

ValK2 (Tennessee)
Posts: 65

Posted:

Board members come in all sizes and shapes. We have a member, quite senior to the board, who constantly flip flops on decisions.

In the past, as the community was growing out, things were allowed to be "free flowing" (and you can imagine the chaos which that creates). Now that we are a larger community decisions have broader implications and "talking with your neighbor" no longer works.
In order to keep things under control, we allow decision making only at formal meetings, and EVERYTHING is recorded n the notes. When our flip-flopper changes his mind, we pull out the notes and remind him that previously he went on record as being of a certain opinion and vote. End of conversation.

Now, if we would just get Mr. "Everything is allowable; there are no restrictions" to even read the CCR's it would solve a MAJOR problem with one of our Board members.....

It's all just part of the fun and games of an HOA. Roberts Rules, and TIGHT minutes are your friend.

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