How to address Board not following bylaws and declaration

Started by RussM3 • 11 replies • 3512 views

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RussM3 (Pennsylvania)
Posts: 3

Posted:

I was on a Board for many years and left due to my career. I returned to the HOA Board after being gone for 4 years.
The President and other Board have not read, do not understand or follow the governing documents. I have repeatedly stated that we must follow these documents and they blow me off. How do I address this to enforce compliance? I am concerned that home owners are going to catch on and we will have a law suit on our hands.

MaureenM1 (PA)
Posts: 344

Posted:

I am the President of an HOA in PA for almost 10 years. I contacted our Board Attorney who is extremely knowledgeable of PA condo law. His firm created and conducted a board training. Since then, my board has a better understanding of their fudiciary duties and their responsibilities and roles of a board member. In addition, at a separate meeting we reviewed all our CCR's, rules & regs. The current Board were required to read and understand all our governing documents. New board members receive the training (paper document) Money well spent.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Russ,

Welcome to the forum.

You address it by gathering support and voting them off the board, replacing them with individuals who will comply with the governing docs.

Until then, pick your battles. Being in the minority, you can get some things changed but big changes will require more people on your side.

KerryL1 (California)
Posts: 14,550

Posted:

Sorry to hear about your troubles, Russ. Can you give a couple of examples of the board's disregard of your docs?

I don't think PA requires that Board meetings be open to homeowners. How does your Board handle Board meetings? Open or Closed?

How many homes/units in your HOA? How many on the board? Can you place any items not he agenda, e.g., a discussion of the violation of docs that disturb you the most?

AugustinD
Posts: 5,144

Posted:

I echo MaureenB4's and TimB4's approaches. Russ, while the law is on your side (i.e. the side of the governing documents), it is one messy, long affair (that is mentally draining as well) for one director to take the other directors to court. Though it has been done.

Thank you for doing the right thing. You are not alone in facing "amateur amateurs."

RussM3 (Pennsylvania)
Posts: 3

Posted:

Maureen and all.

Thank you for your input. I intended on contacting the HOA attorney who supports us to engage in a coincidental discussion. The training approach sounds like an excellent way to proceed as it hopefully would bring understanding and synergy among the Board Members.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By MaureenM1 on 05/28/2017 6:53 AM
The current Board were required to read and understand all our governing documents.

Just to play devils advocate, what if a member(s) said no thank you? The board only has power with officers, who they can fire on whim. The board is elected by the members, and as long as they conform to the board membership rules contained in the CC&Rs, then any rules regarding board membership outside the CC&Rs is just hot air.

MaureenM1 (PA)
Posts: 344

Posted:

If the Board doesn't read, know and follow the CCR's they will hear it from our membership at the Annual Meeting. The one meeting a year where the membership gets to say "whatever" they want to the board and the board will then need to explain themselves.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By MaureenM1 on 05/29/2017 1:27 PM

If the Board doesn't read, know and follow the CCR's they will hear it from our membership at the Annual Meeting. The one meeting a year where the membership gets to say "whatever" they want to the board and the board will then need to explain themselves.

Agreed. So what does your unenforceable rule do?

KerryL1 (California)
Posts: 14,550

Posted:

I agree with others, Russ, that a friendly truing session either by an experience Management Company (MC) rep or an HOA attorney should be helpful. If like the Board here, there are certain topics where the Board is weak or just doesn't care about your docs, state laws, etc. We had a good training session January with the head of our MC, but still some directors seem to feel they're above the law. Frustrating.

And I'm still curious: What kinds of items in your docs does the Board ignore, misinterpret or whatever?

RussM3 (Pennsylvania)
Posts: 3

Posted:

Kerry,

The Board is influenced by the President and they pick and choose what violations to enforce and what not to enforce depending on how they feel about the individual situations. They also are not consistent in the process and when they fine home owners. The president is selective on what she discloses to individuals on the Board and she communicates only what details she feels like sharing. The President communicates verbally to the MC and never documents any details. I was told by the president that “Rules are meant to be broken” during a meeting. Items that we vote on get altered by the President even after a vote, but no one challenges her. It appears that there are (3) of (5) Board members that are a click and discuss details among themselves to set direction prior to meetings.
Also, I have found that the president has influenced the MC to have the HOA pay for repairs for specific homes that were not covered by all homes with the same repair issue.

They do not even want to read or use our governing documents during our meetings when I recant that there is a ruling on an item. I believe they feel that they hold and title and the decisions are theirs to make even if our governing document has a written policy

I have been attempting to enforce consistency in all decisions yet am fighting an uphill battle as they do not understand the issues that they can generate by how they are proceeding.
There are supplier contract issues, violations policy issues, issues with the MC and lack of fulfillment of their contractual obligations yet she states everything is great. I have home owners complaining to me and I feel that I am letting them down as they voted me back onto the Board after being gone for 3 years. This is the 1st time I am witnessing the lack of adherence or need to follow our governing documents.

KerryL1 (California)
Posts: 14,550

Posted:

You're in a tough spot, Russ, being in such a minority. How often are there board meetings? Are your board meetings open to homeowners? I don't think they have to be in PA, but open meetings would at least let homeowners see what's going on. Then, they can help put pressure on the board to comply.

When is you next election? It sounds like there need to be two directors plus you to be on the Board. Any recruits possible?

Do you have an onsite prop. mgr.? Have you read your contract with your MC? There might be pressure you can put on them to live up to the contract. Ours, for instance, says that the MC need not follow any board directives that oppose state law or our governing documents.

Who writes your meeting minutes? What do you say at meetings when it's minute approval time and they say something that did not happen, or twist what the Board did agree on to suit the president?

The Board I'm on is devolving into what yours is and it's very sad. Some of us were elected to overturn an arrogant, stupid and secretive board 10 years ago. Things have gotten better & better over that period re: transparency, adhering to our docs and CA laws, etc. I'm the only vet of those early wars. But now we have 3-4 of the 7 directors who prefer shortcuts, don't seem to think that our docs apply to them, and who think they know and understand everything including our complicated finances. Smart? I dunno, but they all have advanced degrees in their fields and possess quite an elitist group mindset. They also are able to sweet-talk our fine onsite PM into their interpretations of things. She's leaving us soon.

Enuff about me, but you can tell I greatly sympathize with you, Russ.

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