At annual meeting, "rogue" homeowners attempted to push for a vote on everything

Hi everyone. I hope this problem is not unique.

We have a community pool. I'd say about 50% of the residents use the pool on a regular basis. A resident that doesn't use the pool, attempted to push for a vote to "fill the pool in" since he doesn't use it. Selfish right? A few others joined in with him. A large number that opposed this outnumbered him at this annual meeting, so it never went for a vote.

Then, a number of residents that were in the arrears on assessments (we're in a transition period from developer to neighborhood) and without getting into too many details on their background, this same anti-pool resident also pushed for a vote, "let's vote to extinguish past due assessments". Someone else seconded (that was also past due). After much discussion from members that were current, the vote never occurred, thankfully.

How can we as a board prevent homeowners from trying to push for a vote for every controversial subject? It would be irresponsible for me to let that go through (like fill in the pool). No one on the board has the authority to extinguish debts. Allowing a vote to stick on the matter would be meaningless and probably grounds for litigation against our HOA.

Suggestions on how we can explain this to homeowners to prevent this from happening again?

Yes it did get out of control. It was the first annual meeting that has ever been held by a green board, so even if we did attempt Robert's Rules, no one else would have known what those were. We're going to make a better effort to educate those in attendance how that works, perhaps with a 10 minute intro to Robert's Rules and hand out quick reference cards.

Since it was our first meeting, we knew it wasn't going to be executed like a well oiled machine. We discussed everything on our agenda as published. Voting on anything wasn't on the agenda - only an open discussion of issues presented to us by the residents.

I remember reading something about motions being presented to the board prior to the meeting...will need to get smart on that timeline.

So is there a way to shut down an attempt to file a motion (within Robert's rules) if no such item is on the agenda? Thanks for your advice.

Simply remind this person of a few facts... A HOA is ONLY funded by the members FOR the members... If the HOA forgives or does not collect money, then the HOA has no money...

The pool is for keeping the HOA ATTRACTIVE to potential buyers. It's NOT just for enjoyment of the membership. Your HOA is in the business of selling itself or keeping it ATTRACTIVE to potential buyers... It is NOT in the "Keeping up home VALUES". A pool is an item which is good "sales tool".

Finally, SUING YOUR HOA IS SUING YOURSELF AND YOUR NEIGHBORS!!! It's a hard fact for people to swallow. It in no way means one should never or does not have a case to sue. It just means there is a CONSEQUENCE to lawsuits that causes you to pay BOTH sides. Resolution to issue are provided WITHIN your documentation. It's best to handle thing internally and neighborly...

Your always going to have people like this. It makes the job "interesting". I had the same camp of people who wanted to bury the pool. However, once I pointed out the real value of a pool isn't necessarily it's use, they backed off.

If you want to sell your house at a good price, then you want to keep your HOA in the best condition as possible. That includes being orderly, financially responsible, and having amenities potential buyers want. Change the thought process and you change a mind...

More important that the Owners reading your governing documents, Patrick, is that your learn them.

For instance, our CC&Rs (declaration, covenants) say that one duty of the board is to collect assessments to be used in certain kinds of ways, i.e, buy insurance, maintain common areas (such as pools), etc.

That same document says how to change your CC&Rs. Probably requires a large % of Owners, perhaps 67%. Your bylaws should say proper procedures for conducting elections. In the dues case, your bylaws probably say that those who want to waive the dues via a change to your CC&Rs need to gather signatures on a petition, etc., first. Then a proper election would need to be held to change your CC&Rs. They may not just yak about it.

If your bylaws don't say much about the topic of petitions & elections, you may have to turn to AL corporations codes assuming you're incorporated (most HOAs are).

Sue's idea of suggesting those who want to fill the pool to form a committee is a good one. Make sure your Board writes a charter that exactly describes what the Board wants them; n do not let them run all over the countryside getting contractors to come out & look at your pool, for instance. On 2nd thought, to this right would take too much of the Board's time and I'm guessing your have more important things to attend to.

Your Board can make rules about meeting conduct. But I assume your members or annual meeting is, well, only annual. Your bylaws may require robot's rules for members meetings, ours do, but honestly, members just need to motion & 2nd the election procedures, e.g., approve the minutes from the previous annual meeting. There's no need for a 10-minutes talk.

The other meetings you have probably are meetings of the Board. It's possible that your bylaws and/or AL law doesn't even require that they be open to Owners. But they might be, as in many states, it is a BOARD meeting, not a members (Owners) meeting. Owners can be invited to observe, but they have no voice or vote. Like CA & others, your bylaws or AL laws might require an open forum period when owners can ask questions, etc.

But the board sets the agenda. As others have suggested, if the board wants to, it can permit agenda items from Owners, but, yes, you definitely want those several days in advance of the meeting to see if you need to do any research. If the item is ridiculous (some are), you can still place it on your agenda and then the Board can simply vote to take no action on it.

Curious: How many homes? How many directors? Property mgr.?

Pat

Your owners have to be made aware that your association is not run by "arbitrary" motions/voting from the floor. It is run by the BOD.

One tactic might be a "nice" letter from the BOD explaining how the association operates and how meetings are conducted.

Attempt to educate them before alienating them.

Owners not in "good standing" can be prevented from voting IF that is stated in the bylaws, but I don't think you can legally prevent a homeowner from attending the meeting.

Thanks for the feedback. Like I said, we're new at this. This is the first ever meeting in 10 years of existence - the HOA was in operation long before my arrival. Sounds like we need to make a CCR update a priority since there is nothing in the bylaws, CCR or AOI about presenting motions, agendas or anything of the sort. It's also written from the perspective of making the declarant's life easier and he is now just a lot owner and no longer a declarant.

Our Board has our Board Attorney attend the Annual Meeting. I find that the homeowners don't read or understandthe governing documents and will "try" to make motions to change the CCR's at the Annual Meeting. They are reminded by our attorney the percentage of vote and procedure, etc. It only happened once,years ago and never again. We continue to have our attorney at the meeting. It is worth the cost.

Patrick,

When someone pushes for a vote at our meetings, we simply state that such a vote requires (by statute) proper notice to the membership otherwise the vote wouldn't stand a legal challenge. This tends to quiet the individual down.

We currently have 62 roofs and approximately 20 unimproved lots. Our board consists of 4 homeowners, myself included. I'm also the president, another board member is our treasurer. Someone recently volunteered to be secretary (outside of the board) which will be a huge help. We don't have a property manager. We have an attorney, he was not invited to the meeting.

Since this was the first meeting, ever, in 10yrs...the residents finally felt like they had a place to voice their concerns. I understand that in a typical meeting, this wouldn't happen like it did on our first one. I felt that it was important-this time only, to let everyone get it all out. We've been extremely transparent with everything to the furthest extent possible. The vast majority of the neighborhood is ecstatic we've made so much headway in 6 months. There are a handful of owners that make it difficult for us and unfortunately, we've exhausted all of our authorities as board members and the courts will make the ultimate decision so we can move from there. Sure, we could have done some things differently which may have had some situations turn out better. Live and learn. You all are a great resource.

Crystal

The OP stated that a MOTION was attempted to made about the pool being filled in. No one passed judgment about the subject of the motion - only that it could not be made since ALL the residents were not notified that there would be a vote taken. So the motion was not accepted.

Hopefully, the Chair suggested a committee to study the issue.

This is what the OP stated, "A resident that doesn't use the pool, attempted to push for a vote to "fill the pool in" since he doesn't use it. Selfish right?" That is a judgement.