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LindaK5 (California)
Posts: 242
Posted:
Besides censure, how do you all treat Board members who screw up (for lack of a better word)? This is a pretty general question, I know, but when this occurs is this something to communicate to the rest of the Board at an open meeting in front of the membership? Executive session? E-mail? One on one? I'm uncomfortable with one on one. All e-mail communication is cc'd to all Board members for this reason. My concern is having Board member(s) that keep making really stupid mistakes and the members of the Association have no clue and think everything is hunky dory all the time. I've been organizing records from the inception of the Association and I've found this to be pretty accurate historically speaking - lots of what I would term incompetence. Anyway - what do you do about it? Accept it because it's all you have to work with?

I've called out a Board member before in an e-mail over something they did in error (I was as polite as I could be) and was attacked by another Board member over my e-mail (just the fact that I called out their error). No matter what you point out, several Board members feel like they are being attacked. These folks are elderly and very protective of one another, which is something I've had to work with for years, but I'm wondering if there is another way around this. Just bite my tongue and pretend it's not happening? Very frustrating. The good news is that 2 of the 3 that have questionable competence will be off the Board shortly.
AugustinD
Posts: 5,144
Posted:
LindaK5, if I were you, my options would be:

-- Check the governing documents for ways to file a complaint of violation of the governing documents

-- Check the Davis-Stirling statute for other options.

-- Contemplate the aggravation of going through the complaint process. Consider waiting for the new board.

-- I cannot remember: Are you running for the board? I think before one criticizes, it's important to be willing to step up to do the job one's self.

I agree it is very hard to watch incompetence at work, especially when this incompetence directly affects my property values (by way of failure to maintain infrastructure when the HOA is sitting on an enormous reserve fund) and the harmony in my community.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By LindaK5 on 02/12/2017 11:31 AM
Besides censure, how do you all treat Board members who screw up (for lack of a better word)? . . . I've called out a Board member before in an e-mail over something they did in error (I was as polite as I could be) and was attacked by another Board member over my e-mail (just the fact that I called out their error). No matter what you point out, several Board members feel like they are being attacked.

Good suggestions from AugustinD. LindaK5 CAL If you find the answers, please share them.

I have come to think that - in front of most general memberships - (that) no questions dared be asked IF - IF - such would expose any or all Board members to looking incompetent or lazy or whatever.

Those questions, respectfully, might best be left to thick-skinned dissenters who don't mind being Satan for the next ten thousand years. Or to their hired personal attorneys who are already Satan. May the Gods help those dissenters. Their bridges may already be burned.

Inside the Board, how much smoother to try to urge impersonally "Hey folks. Maybe we need to take another look at this . . . maybe to hire independent professional advice or review on an issue that maybe has no right or wrong . . .". If it can't be done without someone taking it personally & cronies ganging up, maybe time to try to record dissent in the Board Minutes.

Or to step down until the next election.

Hope this timely topic generates a wide range of advice.
KerryL1 (California)
Posts: 14,550
Posted:
Well, though not your topic, Linda, once again it appears that your board emails one another, copying all, way to often. If any of these emails are about board business, you all may not do this.

To your question: Do, in fact any of these errors, oppose your governing documents (Augustin's point)?

I would never try to correct via email. Face to t g face is best, but with the board present. What is the nature of those errors? Financial? How do all owners get this incorrect info??

In the past, here's what we've done: two directors have met with the error-maker to discuss the problem. Then, the error maker is on the agenda at an executive session where s/he have admitted the errors. Someone makes a motion to direct the error maker to cease & desist from making that type of error ever again. The person is warned that future errors of that type could lead to executive session or even open meeting censure. The vote always has been unanimous.

But our "errors" have been fairly serious: A director on her own visiting neighboring HOAs to try to find out want they pay their PM; a directors revealing Ex Sess matters. Some years ago, a director loudly cursed at an owner at a disciplinary hearing.

Your board also could make a policy that any errors made verbally by directors at or between meetings will have the error corrected by the president --with evidence-- at the subsequent open meeting. The correction would be in the minutesYou could mention the error maker by name or not.

Here's an example that I'm grappling with at this very moment: A directors' article in our newsletter stated that several expensive components needed major repair or replacement this year with reserves funds. The error was that about $200,000 of these would be expensed from construction defect settlement funds, not reserves

Another approach is to have a Code of Ethics which covers that topic. See Davis-stirling.com for one or more samples.

With two of these gone soon, maybe wait till you have anew board to try something new. Can't remember if you have a PM, Linda. If so, s/he should be able to help.

LindaK5 (California)
Posts: 242
Posted:
Thanks, Augustin ..... I'm already on the Board and have another year in my term. I don't like using the word incompetence because it's not something I can prove. It's one of those words that are used too often and under the wrong circumstances. That being said though .... incompetency WOULD be a good word in this instance. :-)

BobD4 - that's what I was thinking. I don't always want to be the bad guy and point this stuff out, so much of the time I just complain to my husband about it and suck it up. I'm been working on getting some professional advice and am hoping with the new incoming Board this may happen. Can't and won't step down as we have too much at stake in the community.

KerryL1 - Board isn't e-mailing regarding business as you suspect. To give you an example of the most recent faux paux. As you know, our Declaration violation homeowner was fined. Deadline for paying the fine passed (January 10th). I delayed following through on contacting the Association attorney because we have been having serious mail problems in our town (as in taking weeks to get a letter from your next door neighbor). The deadline passed, and I gave it another few weeks because of the mail issue just to make sure the fine payment wasn't lost in the mail. So, this past week it's been about a month. I contacted the attorney to let him know we're going to court since the homeowner didn't pay the fine. He scheduled a meeting with the Board this Monday (tomorrow). So, on Saturday (yesterday), I went to pick up my mail in my mail slot and here is the fine payment from the homeowner - it was postmarked January 11th!!!!! Mind you, I sent out 2 e-mails to Board members asking them if they had seen anything from this person in the mail. The response was a resounding no. The treasurer left a message on my phone Saturday saying the envelope must have been thrown in with the ballot envelopes that came in the mail. WHAT? Our ballot envelopes are pre-printed legal size envelopes and look nothing like the envelope the fine payment came in. Anyway, my beef with this is we could have met with the attorney and incurred MORE attorney fees because of this error. So, in short - this is Board communication via e-mail, nothing more.

I'm not saying homeowners get INCORRECT INFO. They get no information when something like this happens (which is often). Homeowners think everything is great!

Yeah, we also had a Board member discuss Executive Session business with another homeowner. I brought it up and nothing was done about it. Luckily, this person will be off the Board soon.

Wholehearted agree on the Code of Ethics - it's been in my notebook for almost a year waiting for these people to be off the Board. Hopefully, with the new Board we can implement this document/

And, I'm working on getting a PM because self-management isn't working in my opinion.
KerryL1 (California)
Posts: 14,550
Posted:
I may not be reading your reply carefully enough, but I can't determine what the error was re: the late fine payment. Or whose error. Is the "mail slot" your personal one, or one for HOA mail?

You're right, in CA this type of email among all directors is fine.

Remind us: how many homes in this HOA?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LindaK5 on 02/12/2017 11:31 AM
One on one? I'm uncomfortable with one on one. All e-mail communication is cc'd to all Board members for this reason.


My personal opinion is if you are uncomfortable with "one on one" you possibly should not volunteer for your HOA. Most citizens and homeowners would want anyone who has an issue to FIRST approach them with the question or issue. Sometimes if two people clash it can many times be more easily settled between the two individuals. However, if they feel you have in essence "attacked" them when you bring up an issue in front of many others via copying to the others ... they become defensive and feel like they MUST defend themselves against the "perceived" attack.

The very first time I ever lived in an HOA I had a neighbor try to claim my dogs were supposedly barking non-stop. ALL my surrounding neighbors stated that was FALSE, and they all pointed to the neighbor who most likely was making the claim as they has also been subjected to similar claims. There became a point where I could "prove beyond a reasonable doubt" their claim was false and walked around the block to their home and knocked on their door.

They admitted they were complainers ... to which I pointed out MANY items where it absolutely could not be my dogs including the fact I had 4 dogs and it would be COLD DAY down below before I ever had ONE dog supposedly bark non stop as they had complained. I gave them my phone number and stated if you think my dogs are barking, please call. The alternative is if I have the police show up at my door again I will have to SUE you to protect my dogs ... which is really stupid because it is NOT my dogs and which ALL my other surrounding neighbors are willing to verify.

While the problem I had was with a neighbor in a "different" HOA ... it still has the issue of if they had the common courtesy to knock on my door ... I at that time could have discussed and given them my cell phone number ... and it would not have escalated to the point of a possible LAWSUIT over a really stupid issue which other neighbors could verify.

Keep in mind you should never state something behind anyones back that you are not willing to state to their face!!! Everyone should have an option of defending themselves to one if they have the issue vs defending to many who possibly did not have any issue.

LindaK5 (California)
Posts: 242
Posted:
KerryL1 - it was the fact that the Treasurer was holding on to the late fine payment for almost a month past the due date. Fortunately, the attorney wasn't contacted until recently, otherwise we'd have started legal proceedings and incurred attorney fees!!! We've got 50 townhomes in the community.

JanetB2 - thanks for the feedback. My concern over being uncomfortable with "one on one" is the "he said she said" scenario, which I've seen happen and it causes trouble. I'd rather have a witness by my side, so someone wouldn't come back later and say that I said something that I didn't say. And, I completely agree with your closing statement about talking behind one's back.
JoyceR2 (Virginia)
Posts: 156
Posted:
Suggest you secure a post office box at the local post office for the association. Perhaps assign specific tasks, vote the assignments and record in the minutes especially regarding important issues that are not being handles correctly. This offers ownership.

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