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MaureenM1 (PA)
Posts: 344
Posted:
We have a homeowner that rents his townhome. Whenever he sends correspondence to our PM, he also mails copies to each of the five Board members homes (mine being one of them). He started this "practice" when we had an incompetent PM. We have now hired a VERY competent PM and he is continuing this practice.

Within the last two weeks, I have received TWO letters from him mailed to my home.

I find it very disturbing that he mails correspondence regarding maintenance requests, or a response to a violation he has received. No other homeowner does this. He is a retired lawyer who manages another HOA that he owns homes in.

Has anyone else had this issue? Can the board send him a letter asking him NOT to send letters to our homes?

Any advice would be appreciate.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Maureen

If you cannot handle the heat, get out of the kitchen.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Maureen,

I get e-mails, letters and phone calls. That is all part of being a member of the Board.
If you are only getting letters, don't worry about it.
You can choose to open them or not.
MaureenM1 (PA)
Posts: 344
Posted:
I assure you I can handle the heat. I have been a board member for 10 years and President for 7.

We get copies from our PM, so having them mailed to our homes is redundant and not necessary!!

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well have to keep the Post office employed... He's a retired lawyer and knows what has happened/could happen. Once you ruin that trust cycle it's wheels are not going to stop spinning. I would make those letters part of the board meeting to discuss. Put them in the meeting notes they were discussed openly and the decision made.

I told my people if you sent in a letter, expect it to be read aloud and proud in front of everybody. You don't offer up a solution to your problem or appear at the meeting... You have to ACCEPT other's people's solutions... After awhile you either show up to the meetings or stop sending the letters in...

Former HOA President
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MaureenM1 on 01/14/2017 7:39 AM

We get copies from our PM, so having them mailed to our homes is redundant and not necessary!!


The lady doth protest too much, methinks.

In modern English: Big deal. As a HOA President you must have more to worry about. If you don't, then the PM company and the Board must be doing a swell job. This is called a first world problem.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MaureenM1 on 01/14/2017 4:54 AM
He is a retired lawyer who manages another HOA that he owns homes in.


So these letters are coming from a retired attorney, a former licensed member of the state bar with years of legal experience and presumably a law degree from an accredited law school. The complaining parties' sole qualifications to serve on a board of directors is that they bought a condo. Which side is more likely to know what they are doing?

BTW, you could simply refuse delivery and send the letter back unopened. You could also plan on someday sitting in the witness chair explaining to a judge that you should not be held personally liable even though you, as a director, clearly and deliberately kept yourself in the dark.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MaureenM1 on 01/14/2017 7:39 AM
I assure you I can handle the heat. I have been a board member for 10 years and President for 7.

We get copies from our PM, so having them mailed to our homes is redundant and not necessary!!


OR, regarding this individual, having the PM give copies is redundant and not necessary.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By MaureenM1 . . . Can the board send him a letter asking him NOT to send letters to our homes ? . . . Any advice would be appreciate(d)."

MaureemM1 PA Respectfully the Board can send the lawyer-owner a letter under the same authority he himself enjoys to send his own letters encouraging the PMC.

I would pay to hear an application by your corporation seeking some sort of restraint order against that lawyer/stakeholder's letters. Do any of this lawyer's letters contain physical threats or sexual harassment ?
KerryL1 (California)
Posts: 14,550
Posted:
Also have served on my Board 10 years, Maureen, and have never received a letter about HOA biz from an Owner, nor a copy of such a letter sent to our PM with a couple of exceptions over that period.

Both were copies of emails sent to our PM by the same Owner, who wanted to "make sure" I knew "what is going on around here." I don't even recall what was bothering him, but he's a blowhard who complains a lot at our monthly board meetings during open forum.

Since your very competent PM gets copies of all of these and, I'm sure, places the matters on agendas when need be, I think you ought to do what I did--ignore the letters.

If your PM doubts whether every single letter should be on an agenda, I'm sure she consults with you to see if the matter deserves the board's time & consideration. If you decide they do not, the PM can reply to Mr. Nusiance with your joint decision. Surely he does not expect the Board to meet about ordinary maintenance requests....does he?

Otherwise, you could reply and sweetly assure him that your excellent current PM does indeed copy the entire Board on all of his communications, so perhaps he'd like to save himself the time & postage by addressing matters only to the PM.

With Mark, though, I it feels like there's also something else that bothers you about this man.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
That lawyer is just playing lawyer. He is covering all his bases so if push comes to shove, no one can claim they knew nothing. There is also a bit of intimidation as some will be scared.

Smart on his part to do so.
SheliaH (Indiana)
Posts: 6,964
Posted:
Do you have an email address where letters can be sent to the ENTIRE board or a post office box? If not, consider getting one and then make an announcement that letters should only be sent to those addresses. If you have a clubhouse, perhaps you can also set up a box where letters can be dropped off (that's what we did in our community before we established a website and one email for the entire board)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SheliaH on 01/16/2017 5:35 AM
Do you have an email address where letters can be sent to the ENTIRE board or a post office box? If not, consider getting one and then make an announcement that letters should only be sent to those addresses. If you have a clubhouse, perhaps you can also set up a box where letters can be dropped off (that's what we did in our community before we established a website and one email for the entire board)

Shelia

All good advice but there is no way of stopping someone that wants to send mail. The owner in question is a lawyer playing lawyer.
SheliaH (Indiana)
Posts: 6,964
Posted:
True. Personally, if I knew the property manager already got a copy of the letter, I'd probably toss it.

Now, if this owner is adding additional information in letters sent to, say board members A, B and C, but skipped members D and E, as well as the property manager, I'd have a problem. In the meantime, the best these folks can do is send a letter to the homeowner stating it's not necessary to send individual board members copies of the same letter because his/her letter to the property manager is considered association property and will be addressed at the next board meeting. After that, if the man wants to spend the extra expense on printing, paper and postage, let him - you can still toss it.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ChadR3 (Virginia)
Posts: 1
Posted:
Remember too that the appropriate forum for an owner to express his or her complaints are at a Board meeting. Any one Board member is not permitted to respond on behalf of the Board without the remaining members assembled.

Send a letter of similar import to the owner. Hopefully, that should redirect his complaints or at least curtail them.

You have the right to enjoy your home the same as he does. Leave Board business to be conducted at Board meetings.

Tell him that and he should get the hint.

Hope this helps.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By ChadR3 on 01/16/2017 11:05 AM

You have the right to enjoy your home the same as he does.

Does recieving mail at your house somehow diminish the owners enjoyment of the house.

If that's the case, I say "buck up buttercup".

SheliaH (Indiana)
Posts: 6,964
Posted:
On its face, receiving mail from a homeowner may not be something to sweat over, but what if receiving mail morphs into a ton of emails or phone calls? Or visits to your home all the time? I'm all for people communicating with board members, but there's a wrong and right way to do things and you have to set limits somewhere.

All over this board we hear about board members who don't do the right thing, but there are also homeowners who seem to think that just because you're a board member, the association should be all you think about (and all for no pay!) That's not the way this goes and frankly, this sort of behavior is one reason a lot of homeowners with the potential to be great board members don't step up.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By SheliaH on 01/16/2017 1:05 PM
On its face, receiving mail from a homeowner may not be something to sweat over, but what if receiving mail morphs into a ton of emails or phone calls? Or visits to your home all the time? I'm all for people communicating with board members, but there's a wrong and right way to do things and you have to set limits somewhere.

You deal with that when it happens. But this isn't about phone calls, visits or a ton of mail. It's about a very few pieces of mail.

I'd suggest putting a stop to visits or phone calls, but all the mail, almost regardless of volume, can be put into a box and saved. It should be reviewed as to whether it is original mail, and the sender should be notified to send it to the PM , or whether it is in fact a CC.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I'd like to add that many on this site, myself included, have often advised others to send correspondence to the PM and each board member. Some have even added to send it to the registered agent.

Personally, to me, it's a non issue and if this is the biggest thing you have to worry about in your Association, count yourself lucky.
If it is not, worry about those things you can do something about.
PitA
Posts: 1,416
Posted:
O ~ M ~ G

MAIL


The Horror - The Horror

Run Fast - Run Far

RUN SCREAMING INTO THE NIGHT

(more coffee, please)
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By PitA on 01/17/2017 4:40 AM
O ~ M ~ G

MAIL


The Horror - The Horror

Run Fast - Run Far

RUN SCREAMING INTO THE NIGHT

(more coffee, please)

Yea, two letters are a lot
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MaureenM1 on 01/14/2017 4:54 AM
We have a homeowner that rents his townhome. Whenever he sends correspondence to our PM, he also mails copies to each of the five Board members homes (mine being one of them). He started this "practice" when we had an incompetent PM. We have now hired a VERY competent PM and he is continuing this practice.

Within the last two weeks, I have received TWO letters from him mailed to my home.

I find it very disturbing that he mails correspondence regarding maintenance requests, or a response to a violation he has received. No other homeowner does this. He is a retired lawyer who manages another HOA that he owns homes in.

Has anyone else had this issue? Can the board send him a letter asking him NOT to send letters to our homes?

Any advice would be appreciate.


Yep ... It is called CYA. While you have a Management Company as an attorney he knows darn good and well that the BOD has ULTIMATE responsibility not the Management Company. The BOD is responsible for any actions taken by your "hired employee" who you have the obligation to oversee ... a.k.a. the Management Company. It is his right to copy any entity with regards to his concerns. As a BOD Member ... that includes YOU.

My question is if you have a retired attorney living in your subdivision ... why would you not want a "heads up" regarding potential issues. Some Management Companies sometimes hide issues from a BOD even though the BOD can be held responsible. I for one would appreciate the "heads up" notification from someone who potentially knows the law and their rights.

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