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ReneeD (Illinois)
Posts: 201
Posted:
Would our Bylaws and/or our Rules and Regulations for Homeowners have to reflect that information is being shared on a website? If so, is it just a BOD decision to vote on this or do all homeowners have a vote on this? Our website has been "active" since last May but was not rolled out to the community until January. There was a Discussion Board but they've decided to remove it. It is now gone.
I am thinking since it is the homeowners' money helping to fund this and other projects we should have a say as to what can or shouldn't be out there. The only downfall to this is homeowners have no say in the manner this BOD conducts its business even at our annual meeting the ONLY business conducted is to re-elect board members. What can this homeowner do to change this? Are there other HOAs experiencing this problem as well? -ReneeD
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, generally most business of the association is conducted by the Board. The board's authority and responsibilities are usually defined in the bylaws. While you may have no "say" on board business, a good board will always be open to listen to members ideas. And members always have the right to make motions and discuss them at any meeting of the members; and can call meetings if necessary via a petition.

As a member you can advise the board that they must have your approval for whatever personal information of yours that you chose to have included on a website.

Roger
ReneeD (Illinois)
Posts: 201
Posted:
Thanks, Roger, this is good to know. I've done much reading on this and other areas of interest (when they come up for discussion at meetings); what is confusing is the use of word 'members', 'general membership', etc. They (BOD, actually the Prz) has told me and other homeowners as well that they are the only members because we (homeowners) elected them to the board to represent us--thus they have the only voice on decisions made for this community. They will communicate changes and adopt at next meeting regardless of our input.

As far as the website, it was introduced as a new line item for our Y2004 Budget, was started up in May but they hadn't rolled it out until December 2004 at which time most of the information out there was old/outdated. Again, a percentage of my assessment fee goes to pay for this amenity yet it is the BOD that has done a poor job maintaining its intelligence so to speak. So, for something like this, would it be correct for homeowners to petition for its demise and use of funds for other more important projects?
ReneeD
GlenL (Ohio)
Posts: 5,491
Posted:
Renee, what do your CC&R's say? There should be a section with definitions and while the BOD has the power and responsibility for the day to day operation of the community; that does not mean they have carte blanch to do as they please. While smart BOD's listen to the wants and the needs of the homeowners because they are the ones who voted them in and have the power to vote them back out, they do not have to. They (BOD) are charged with the fiduciary duty to do what's in the best interest of the community, not what's the most popular. Most CC&R's require a certain percentage of homeowner votes to accomplish things like amend the Declarations/By-Laws, make capital improvements to the property. Some also require a vote of the homeowners to approve budgets and allow fee increases over a certain percentage again read/know your CC&R's. Finally most states regulate what a BOD can or cannot do; although some do a better job than others.

Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posted:
every homeowner that pays their assessment is typically a "member" in most HOA bylaws. As a member, you have the right to attend ALL director meetings EXCEPT those that can legally be closed (usually, those dealing with personnel issues, lawsuits, and the voting of officers, etc.). You have a right to be heard, and bring ideas/petitions/concerns to the board in a meeting (if you are a paid up/full member).

One of the most effective ways to handle ANY board is to know the rules better than them. If you haven't read your by-laws, do so. then read them again, and then read all the definitions of the terms, so you know exactly what they mean, and NOT what someone thinks they mean.

then, go approach your board with your ideas.

as for the website, that should either be a very small amount of money (relatively speaking, less than $50/month... many places offer tremendous web hosting packages for under $15/month), or you should definately inquire where your money is going and for what. There honestly is little reason for an average HOA to spend much on a website... if you are spending a lot, i would question how much is for bells, whistles, smoke, and mirrors.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By ReneeD on 03/09/2006 12:39 PM

.................
As far as the website, it was introduced as a new line item for our Y2004 Budget, was started up in May but they hadn't rolled it out until December 2004 at which time most of the information out there was old/outdated. Again, a percentage of my assessment fee goes to pay for this amenity yet it is the BOD that has done a poor job maintaining its intelligence so to speak. So, for something like this, would it be correct for homeowners to petition for its demise and use of funds for other more important projects?


As other have posted, the BOD is composed of people to run the HOA in response to the member's wishes. If the BOD members are not responding to the member's wishes, they can be replaced at the next election. It's much like the local, state, or federal government.

As for a petition to discontinue the website, that's a little petty to be worked up about. It's probably a few dollars a month total. This would be a few cents of your dues. I'm sure insurance, grounds maintenance, utilities, etc. consume far more of the association funds.

I believe a website can be a very effective tool for an HOA, both in communicating information to current members, and giving prospective members an idea up front of the neighborhood they are considering buying into.

Why not consider volunteering to manage the website and keep it up to date? It's not that difficult or time consuming. I have twenty or thirty hours invested in ours: http://indigofields.org/ and updates take only a few minutes now and then.

Don't forget that the sponsors of this forum are in the business of publishing HOA websites and they seem to do a very good job.

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By RogerB on 03/09/2006 10:48 AM
..............

As a member you can advise the board that they must have your approval for whatever personal information of yours that you chose to have included on a website.


True. There's no reason for an HOA website to post personal information unless it contains a "directory" of some sort. As Roger ststed, you can decline to have your information posted in such a directory just as you could decline to have your information posted in a paper directory.


Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
BTW: Our HOA website costs each member just under fifteen cents per year.

Ron
SC

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