If only I were running the HOA

Yeah but what the heck did he ever do?

I like this quote - Any fool can criticize, condemn and complain -- and most fools do (Benjamin Franklin).

I've always said it's ok to complain and you don't necessarily need to be on the board, but if you're going to complaint, you'd better be willing to help come up with a suggestion to solve the problem or pitch in to help (even better) Even if something doesn't work, at least you tried and you probably learned how not to approach the problem next time or avoid it in the first place. But too many people are sold on that lie about HOA living being "carefree" and so they think everything happens by magic.

Not sure what if any accomplishments he had in his life, just liked the quote. I will have to research if he ever did anything of note.

I would guess maybe he did something as his likeness was included in the carvings on Mount Rushmore for some reason. Quite sure they don't waste time putting you up there if you did very little...

Great advice from Tim.

Jon,

I'll certainly try better to comply with the forums posting rules

When I joined our board it was 1 against 8. They conducted business, made decisions, and even filed insurance claims against our Master policy without my knowledge. The insurance work was given out to one of their friends and they each got a cut. The former board President threatened to "take me outside" when our disagreements escalated. So I am not unaware of what can be done to discourage dissent. Now they are all gone and Imhave served for 29 years. Guess it just might be possible to overcome the odds with some work of effort. And yes we too have apathy at sickening levels but you learn to work around that. You find a way rather than give up before you even try.
Most today take the easy route because the other road is just to damn hard. Imagine working to protect the biggest asset in your life.

Tim, your advice is great. Too many times a person thinks change will come immediately. It is my opinion that someone who is new to any organization and tries to change things immediately usually causes more of a problem than the original problem.

We have a new owner that made a motion at our annual meeting that we have a parking lot committee with him as the chair of this committee. The motion failed. What this new owner did not understand is that we had been working for months on parking lot issues and we have to work with our neighbor the care center that was going through major renovation. Finally the parking lot will be repaved starting June 6, 2016. After it is repaved we then hope to assign outside spots to units that do not have a garage space.

This new owner also thought that the care center had marked spaces for their visitors that we could not use. What this new owner did not know was that most of the lot for visitor spaces is on our property and our visitors can also use them.

He sent the gunboats to beat Japan into Westernization.

It was taught in our public schools as a good thing.

Remember the term 'Gunboat Diplomacy' ?

We all know how it worked out ..... Hiroshima - Nagasaki .... Viet Nam, yes that conflict was started by their helping us in WWII, then being thrown to the French wolves.

Look it all up on the 'travelling wall' memorial if you doubt.

Yet another reason why it's easy to keep some people stuck on stupid - write it down and hand it to them, because they'll never read it! I wonder if this guy's friends are as daft as he is.

Maybe the guy needs something to do - he thinks the landscaping company is overbilling and provides shoddy work? Ask if he'd be willing to poll the entire community to get its opinion and have him take photos (time and date stamped) of problem areas. As for the "overbilling," ask if he'd be willing to obtain two or three quotes from other companies, check their references, licensing/certification, if warranted, etc. etc. If he's really gung ho about this, the board will have something to talk about in a few months - otherwise, he might pip down.

There are 10 basic questions to ask when assessing a board’s performance.
1- Does the board announce the time and place of the meetings?
2- Are homeowners invited to attend?
3- Do the directors attend the board meeting and do they come prepared?
4- Is there time set aside for the homeowners to comment and raise issues with the board?
5- Does the Association have an annual financial review by a qualified outside party?
6- Has the association had a reserve study performed?
7- Is the Association’s property being properly maintained?
8- Is the board doing business with any of its own members or their relatives? Yes
9- Are the rules of the Association enforced regularly and uniformly?
10- Are a majority of the owners pleased with the overall operation and condition of the property?

And have all Board members sign a Code of Ethics

Code of Ethics and Rules of Conduct for Volunteer Board Members and Officers

WHEREAS, the Bylaws of ___________________Association Inc. has delegated the authority and responsibility to govern the operations of the community to its Board of Directors, and

WHEREAS, the Board of Directors is responsible to appoint officers and committee members, and

WHEREAS, the volunteer leaders of the Association have the fiduciary duty and responsibility to set a standard and level of behavior that is conducive to the best interests of the entire community,

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of ___________ Association hereby adopts the following code of conduct, standards of behavior, ethical rules and enforcement procedures that are applicable to all Board members serving the community:

1) The Board of Directors will use its best efforts at all times to make decisions that are consistent with high principles, and to protect and enhance the safety and property value of the residents.

2) No Board member shall receive any compensation for serving on behalf of the Association, except for expense reimbursements approved by the Board of Directors.

3) No Board member shall solicit or accept, directly or indirectly, any gifts, gratuity, favor, entertainment, loan, or any other thing of monetary value made with the intent of influencing decision or action on any official matter, or from a person who is seeking to obtain contractual or other business or financial relations with the Association.

4) No contributions will be made to any political parties or political candidates by the Association.

5) No promise of anything not approved by the Board can be made to any subcontractor, supplier, or contractor during negotiations.

6) No drugs, alcohol, or substance abuse will be tolerated.

7) Any Board member convicted of a felony will voluntarily resign from his/her position.

8) Board members will immediately remove any volunteer from such positions as officers or committee positions if said person has been convicted of a felony.

9) Any Board member under investigation for a felony will request a leave of absence from the Board of Directors during the investigation and trial period.

10) Confidentiality of all Board members’ personal lives and all residents’ personal lives will be protected by Board members.

11) All Board members and/or any persons seeking a Board position must be and must have been in good standing with all Rules & Regulations of the Covenants of the Association so as to set forth an example that is above reproach.

12) Language at Board meetings will be kept professional. It is understood that differences of opinion will exist. They should be expressed in a clear and business-like fashion. Personal attacks against owners, residents, officers, directors and managers are prohibited and are not consistent with the best interest of the community.

13) No Board or staff member shall engage in any writing, publishing, or speech making that defames any other member of the Board or resident of the community.

14) Proper parliamentary procedure should be followed to have such dissenting positions stated clearly within the official records of the Association.

15) No Board member will knowingly misrepresent facts to the residents of the community for the sole purpose of advancing a personal cause or influencing the community to place pressure on the Board to advance a member’s personal cause.

16) No Board member serving the community may use his/her position to enhance his/her financial status through the use of certain contractors or suppliers. Any potential conflict of interest must be exposed to the other volunteers, especially to the Board of Directors.

17) No Board member will seek to have a contract implemented that has not been approved by the Board.

18) No Board member will interfere with a contractor implementing a contract in progress. All communications with contractors will go through the Managing Agent or be in accordance with policy.

19) No Board member will interfere with the system of management established by the Board and the management company.

20) Any Board member who misses three consecutive business meetings of the Board of Directors may be considered to have resigned and the Board has the right to appoint someone else to the vacant seat until the term for that seat has expired.

New Board members will be given a copy of this Code of Ethics and Rules of Conduct and will be asked to initial that they have received it, have read it and agree to abide by it.

The resolution is ratified this ____ of ______________ at an open Board meeting where a quorum of the Board was present and will become effective immediately.

Joyce

I think that is a good resolution, but had a couple of concerns.

One, I would have candidates running for a Board position sign this ahead of time. I had this put into my Election Rules.

Items 7, 8, 11 and 20 should only be included IF they are in the governing documents, otherwise remove.

yes, all 7 signed

You are correct, but, it may help someone who has little experience, know what is required of them.

Kerry, I know, you probably already know the meaning, I am listing this, for those that may not.

"Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time".

Now, in our R&Rs, when our BOD votes on something, their is a place for their names, and which way they voted. It seems that showing which way they voted, is close to the explanation above, without the written explanation. Am I mistaken?

Most Bylaws written have that some form of parliamentary procedure must be used for the holding of the annual meeting, not Board meetings. Newer Bylaws may or may not include that in their language for Board meetings.

Good for U!

Say, Joyce, perhaps you can clarify #14 for me an cite a source if possible.

It'd be a good thing, I think, if the Code included an item about directors learning their governing documents. In my 10 years on our Board of 7, I've found that is quite a weakness among many directors with whom I've served.

Great quote Jon ... One of his great accomplishments was putting PEOPLE to work during a time of need. He was the sitting President who had Hoover Dam built and which supplied many families with jobs during a time of need in our Country. Not to mention also supplies water to areas in our Country in need such as Las Vegas, NV which is high desert area. There is a very good reason his face is on Mount Rushmore .

Kerry, "Dissenting Opinions", are normally written by Judges, explaining why they voted against something. As most have a base, they want their, for lack of a better term, "followers" to know, why they were apposed to what other Judges voted Ya to. As far as I know, it is not in RRs. Now, apply this to a BOD when it comes time for re-election and the Community can have a better understanding on who to keep, or who to vote out.

"A dissenting opinion is an opinion written by a justice who disagrees with the majority opinion. In the US Supreme Court, any justice can write a dissenting opinion, and this can be signed by other justices. The question is often asked why a judge or Supreme Court Justice might want to write a dissenting opinion since, in effect, their side 'lost'. The fact is that dissenting opinions can be used in a number of key ways. First of all, judges want to make sure that the reason why they disagreed with the majority opinion of a court case is recorded. Further, publishing a dissenting opinion can help make the writer of the majority opinion clarify their position".

http://americanhistory.about.com/od/judicialbranch/g/dissenting_opinion.htm

@ Kerry. This is what everyone may be referring to, as #14 goes.

Robert’s Rules and ASCCC Plenary Voting: A Q & A on Rights and Practices. http://www.asccc.org/content/robert%E2%80%99s-rules-and-asccc-plenary-voting-q-rights-and-practices

Q. If the minority has a right for its voice to be heard, how and at what point can the body limit or end debate on an issue?

A. The majority should not be allowed to limit debate in a way that prevents the minority from having voice by improperly tabling items or prematurely calling for the question. As long as new perspectives and information are being shared, debate should be allowed to continue. However, when the discussion has become a mere repetition of previous arguments or has strayed from the topic at hand, the majority has a right to end debate so that it may move forward with business efficiently and productively, A motion to end debate requires a 2/3 majority vote to pass, not a simply majority, in order to ensure that a significant percentage of the voting delegates agrees that informative and relevant debate has truly been exhausted.

I know we are in diff time zones, as I can not see a post I made at 1:06p. I must have misunderstood the request for "14) Proper parliamentary procedure should be followed to have such dissenting positions stated clearly within the official records of the Association". I thought that was being applied since it recommended being signed by the BOD and "clearly within the official records of the Association". Like you, I would not be opposed by this requirement at all.

Kerry, after reading up on this subject, I thought it came from RROR, or at least that is the way I am reading it, and I could very well be wrong.

"As with most local academic senates, ASCCC’s proceedings at its bi-annual plenary sessions are guided by Robert’s Rules of Order Revised (RROR). Many voting delegates, from first-time attendees to long-time veterans, can be confused by or have questions about the specific rules observed at these events, the ways in which those rules are applied, and the reasons for following these practices. In order to review the aspects of Robert’s Rules that are relevant to our procedures for conducting business at plenary sessions and to clarify the reasons for and importance of those rules, the ASCCC offers the following series of questions and answers".

No matter though. Our BOD does not have this and I really do not see it being implemented in the near future. It does sound nice though, but so does puppy's and rainbows, and I own nether.

"If only I were running the HOA" -- I would:
1) Amend documents to require the election of an internal audit committee (not appointed nor dismissed by the board)who have accounting experience, preferably a CPA - only answerable to the homeowners
2) Amend documents so that proxies could only be given to another person and not to a board
3) Shift the responsibilities of the newsletter to the homeowners
4) Appoint an historic committee that would gather documents and other information from the past that current and future boards can use in their decision making.

This would only be a start to provide needed oversight and separation of duties

Jon - just a wish list and not completely thought out. You brought up a lot of good feedback and in some cases, I'm not sure exactly how to handle things. But with the thousands of complaints about boards being out of control and MCs not knowing what they are doing, I think there is a need for an oversight of the boards and MCs and separation of duties. As it is now the boards and MCs have all the power - too much. I will attempt to clarify some things:

1) Audit Committee - As I stated, an audit committee member should have some accounting background. Usually the boards have great difficulty in even reading financials not to mention finding and correcting problems. And the MCs I've seen don't take constructive criticism well. They don't even admit to making an error at all and the board goes along with that. The audit committee would supervise the annual audit, approve the annual budget and approve of the monthly financials. They would be elected by the homeowners and they would answer to ALL the homeowners.

2) Proxies - I've seen far too many cases where boards use those proxies for their special agendas. In ONLY some cases are they best suited. In our case, currently, the board has proposed a declaration amendment and has given several reasons why it so desperately needs to pass. However, all his reasons are not valid and most are lies. I think any board who wants to amend any of the governing documents should - at the very least - know what is in the current set; also what is covered in the state laws. This board doesn't have any knowledge of those things. Just makes things up on the run.

3) Newsletter - the board would still have most of the input but if a homeowner had an issue they wanted all the homeowners to know about, they should be able to do that - freedom of speech. As it is now, our newsletter has a section for homeowner comments but the board publishs only the items favorable to them. If they don't care for a submittal, it is censored and/or not put in at all. The newsletter should be paid from association funds just like it currently is.

4)Historic Records - you stated "should already be done by the board" I agree, but in a lot of cases, is not.
True, they have our governing documents posted on the web site but there are a lot of records that seem to disappear over time. For example, rulings by the attorneys. I've seen boards request this on the very same issue over and over again - paying over and over again. Boards haven't taken the responsibility of passing things on to new boards.

There should be a separation of duties, just like our government - executive/legislative/judicial. As it is now, most HOAs are a dictatorship that is out of control.

Just why bother having an elected board? When you wish to assume their duties, micromanage their actions, eliminate their role in the governing process?

Great question as it appears that is what she advocates.