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Elections

Started by DarinaL • 17 replies • 1938 views

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DarinaL (Florida)
Posts: 5
Posted:
Our CAM does not want to let Board members know how many candidates have submitted Notice of Intent. Even the dead line has been 2 days ago. Should not Board members know how many people or/and who they are?
SheliaH (Indiana)
Posts: 6,964
Posted:
WTH is wrong with your board?? The property manager works for the association, not the other way around. Your beef is really with the folks on the board, not the property manager and if the manager isn't doing what the Board instructs him/her to do, get another property manager.

And if your Board is too lazy or timid to put the property manager's feet to the fire, it's time for YOU and like minded homeowners to vote them out and vote in people with more backbone.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Without knowing much and seeing that the application dealing has a passed, I'd say Sheila is right.

Are you on the Board, Darina?

Just out of curiosity, how many are on the board? How many positions will be up for election?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Deliberately withholding material information from the board is good cause for immediately terminating the CAM's contract without notice.
KerryL1 (California)
Posts: 14,550
Posted:
I'll bet Larry's right.

But I still want further details. When exactly , was the deadline, Darina? And did your CAM tell you in person or in writing that your may not have the answers to your questions? Or didn't she reply at all?
DarinaL (Florida)
Posts: 5
Posted:
i am on the Board. Seems the President is using our CAM as his little secretary and probably gave her instruction not to tell anybody because he knows people want him out. We r 5 people, but 1 person never comes and another every second time. I just wonder if it is legit not to disclose how many people and who want to be on a Board if due date is passed.
DarinaL (Florida)
Posts: 5
Posted:
We have a split in our Board. Community wants a new board, but they want me to run again. I am the only person who people want on a new Board. So the president I bet my money told our CAM not to tell me, because I will pass it to people who want to be on a Board and who submitted their Notice of Intent. I need to know if there is a regulation, that I can use to tell CAM that she is in violation. Thanks everybody.
DarinaL (Florida)
Posts: 5
Posted:
Kerry, the dead line was the 17th. I talk to our CAM only VIA E-Mail, so it is documented. I need to know if it is legit to do what she does.
KerryL1 (California)
Posts: 14,550
Posted:
I can't answer your question, but maybe someone from FL can. I have a feeling (only) that there's not a law about it.

As Sheila point out, the Board instruct the CAM to give you this info, but it doesn't sound like you have a majority of the Board on your side.

There probably IS a law about how soon before an election the election materials must be mailed to the Owners. Usually that's plenty of time to launch a campaign.

Our many openings are there?
RichardP13 (California)
Posts: 3,868
Posted:
Darina

It may be called politics. If the president controls the majority votes of the Board, they control the employment of the CAM, right or wrong. The issue is with the transparency of the association through its elected officials. It's a shame that CAM's can be held hostage also.
DarinaL (Florida)
Posts: 5
Posted:
You are all right. It is politics. Definitely President told her not to let me know, because he knows that people do not want him, but want me. They already putting fliers not to vote for him, but for a new Board and I am part of it. But what I did, I sent an E-mail telling them, that I have contacted Regulatory offices in Tallahassee, Florida and waiting to hear if withholding the info that I have requested is a violation of the statue. Guess what!!! Just got an E-Mail from CAM saying that she is sending me that info Monday morning. Thanks to all of you. Fun, fun, fun...
GenoS (Florida)
Posts: 4,276
Posted:
Sounds like no HOA I'd ever want to live in.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GenoS on 12/19/2015 7:55 PM
Sounds like no HOA I'd ever want to live in.

It's typical of the HOA's many of us originally moved in to and worked hard to change.
CfD (Virginia)
Posts: 265
Posted:
It may be called politics. If the president controls the majority votes of the Board, they control the employment of the CAM, right or wrong. The issue is with the transparency of the association through its elected officials. It's a shame that CAM's can be held hostage also.

I'd be surprised if it is legal for even a majority of board members to deliberately keep any material information from the board members that make up the minority of the board. If proven, any election result could easily be challenged.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By CfD on 12/21/2015 6:38 AM
It may be called politics. If the president controls the majority votes of the Board, they control the employment of the CAM, right or wrong. The issue is with the transparency of the association through its elected officials. It's a shame that CAM's can be held hostage also.

I'd be surprised if it is legal for even a majority of board members to deliberately keep any material information from the board members that make up the minority of the board. If proven, any election result could easily be challenged.

Challenged by who and where?
CfD (Virginia)
Posts: 265
Posted:
The election could be challenged by any board member or homeowner. Unfortunately, it would have to involve a court.

Under no circumstances that I'm aware of can any board member or property manager deliberately withhold material information from other board members or homeowners...especially if that information, if brought to light openly, may sway how homeowners vote in an election.

Some property management contracts I've seen indicate the PM only has to have contact with the association through a single individual, usually the president, who can then carefully manipulate the information the other board members receive from the PM. Definitely happens in our HOA. But when the blank hits the fan and it can be proven that board members or the president withheld information from other board members leading up to an election, especially in an effort to control that election, you're practically inviting a legal challenge.

Controlling board decisions with a majority of the board does not give that board majority the right to withhold information from the other board members.
KerryL1 (California)
Posts: 14,550
Posted:
What its the deadline to get ballot materials to the homeowners, Darina?

How much time will there be between that deadline and the election?

Meantime, you could keep asking the CAM and copying the rest of the Board with your email.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By CfD on 12/21/2015 8:15 AM
Controlling board decisions with a majority of the board does not give that board majority the right to withhold information from the other board members.

Not saying it should, but in reality, this is a common occurrence.

If it should happen with a client of mine, they are kindly asked to find another management company more in line with their thought process.

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