Committee/Board bylaws revision

Started by AmyA1 • 8 replies • 1076 views

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AmyA1 (Washington)
Posts: 101

Posted:

One more question. The Board has read and approved calling a special meeting to vote on the bylaws. Can the Committee make a small change at this point? It has not been mailed out yet.
The change would not effect anything. It's removing "complying with a RCW" which they have to anyway. One member has a very strong, almost manic, objection to having it listed under Board Duties and has threatened to sabotage all the work that has been done and rally people against voting for it.
(he has gone so far in saying that we forged the attorney comments when we asked about the RCW)

JanetB2 (Colorado)
Posts: 4,219

Posted:

Potentially if there are changes the Board should approve the changes in a Board Meeting before mailing out. Per your comment the Board has approved the Bylaws as currently stated for the special meeting. What is the RCW that the one has an issue with and why?

AmyA1 (Washington)
Posts: 101

Posted:

That's what I what I was worried about. I would hate to wait longer to get them voted on. Also making it a public issue.
It's RCW 64.38 concerning reserve studies.

AmyA1 (Washington)
Posts: 101

Posted:

That's what I what I was worried about. I would hate to wait longer to get them voted on. Also making it a public issue.
It's RCW 64.38 concerning reserve studies.

JanetB2 (Colorado)
Posts: 4,219

Posted:

If the statement currently is that the HOA must follow RCW 64.38.070 Reserve study—Requirements then I would leave and at the meeting with the owners to approve the Board can let everyone know that they must follow the State Law. That section is pretty much short and to the point. Many State Statutes have been implemented to protect owners, so not sure why the individual would have an issue with it being referenced. That particular law uses many of the words such as "shall" and "must" which are similar meaning to "will" which is absolute. If it had statements to the effect of "may" it would then be similar to saying "if you choose" and which would allow choice. If it allowed choice then I could better understand the person who is against possible reasoning.

Is this the statute you reference: http://app.leg.wa.gov/RCW/default.aspx?cite=64.38.070

AmyA1 (Washington)
Posts: 101

Posted:

They state "Oversee that reserve studies are completed per RCW 64.38"
The problem is the way he reads the RCW is in conflict with how the attorney (and the rest of the committee) understands them. He will not back down.
I have told him it is not up to Bylaws Committee to carry out the action, but the boards. We held a Q&A session with the members and told them we would ask for clarifation on the RCW from out attorney and let them know. He feels we should not publish, in the newsletter, what the attorney said since according to him he doesn't know what he is talking about and is wrong.
He has pretty much stated he will lobby against the document on this one issue.. His emails to the committee are pretty nasty and threatening.
I believe the committee is willing to remove it.. but since it has gone to the Board and they have called a Special Meeting to vote.. I'm not sure if it to late to make changes.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Is that individual an Attorney? I am guessing NO; therefore, I would go with what your Attorney has stated. Also, if he is becoming nasty to the other Committee Members the Board should probably remove him from the committee. You might suggest to the Board to have the attorney attend the meeting to answer questions the members may have and which would put a damper on his potential tantrum. It is better to stand up to bullies and what is right and not cave into their demands.

AmyA1 (Washington)
Posts: 101

Posted:

Update:
The person with the issue has been in contact with our attorney. An apology has been made and promise to support the document.

KerryL1 (California)
Posts: 14,550

Posted:

Good news, Amy.

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