HOA Board member of a condo

Probably the biggest complaint about boards is that they do not provide records they legally are obliged to provide. Check your HOA's governing documents (Bylaws, CC&Rs, et cetera) for what they say about providing records to members and directors. Also, New York's non-profit corporation statutes and HOA/Condo statutes likely have a provision for viewing records as well. Quote your governing documents and your state's statutes on this subject. Get these into the Minutes. If the board still refuses, send them a letter of demand, first by yourself, and then via hiring an attorney.

Tara, I think the second biggest complaint about HOA/condo boards is a majority ganging up on a minority to harass him/her, violating the governing documents but rationalizing Donald Trump style when they do so. Worse, these types often enlist the HOA attorney, on the members' dollar, to tyrannize the minority board members. The law-breaking bullies like compelling the board member to hire his or her own attorney, since the expense will often be a burden. Document everything. Be ready to wait out this board and see if you can get a like-minded majority elected at the next election.

The place where it's written that directors in my HOA can inspect all records and have access to all areas of our (high rise) HOA is the bylaws.

Who is the prez, good or bad? If bad, now that your three are in the majority, place on the agenda the topic: "Review of officers and their roles." Using this, I think you can Vote the prez out of office and a good guy in. Ditto, the treasurer if he's dirty. Note that most likely you cannot vote them off the board.

Who prepares the agenda??

It is hard to know what tricks are up their sleeves. To protect you three good guys, make sure everything you vote on is on the agenda. If not required by NY, you three can make an administrative rule that all items for a discussion and or vote must be on the agenda xx days ahead of the board meetings. This way, the two cannot blindside you.

Robert's Rules insist that assemblies (e.g.,boards) follow the "orders of the day." To me, that means the agenda. Make sure the board sticks to the agenda and votes on each item. Do vote if you want to postpone an item. As sec'y and because you don't trust the PM, who I assume writes the meeting minutes, try to write down the gist of each approved motion so that the minutes are accurate.

Learn your own governing documents backwards and forwards. Since you are in the majority, you three can vote to have the HOA attorney explain & interpret unclear materials for you if your'er willing to pay him. You three can vote to interview new possible HOA attorneys if you wish. You three can place interviewing other property management companies on an executive session meeting agenda too.

I believe that NY is a closed meeting state--the board does not have to hold meetings that Members (Owners) may attend. but you three can vote to make these meetings open. Having owners in attendance might improved these two directors' conduct.

Tara,

This may be a good time to review the contract you have with your MC and consider making that change also.

Tara, if you've been reviewing Robers's Rules you might want to look at the motion "To Fix the Time to which the Assembly shall Adjourn". This can be used to halt the meeting dead in its tracks, if it passes, and specifies the date and time at which the meeting will resume. It is a privileged motion which means you can make it even while another question is pending.

If the majority starts to feel like the minority is trying to hoodwink them or engage in some sort of dirty tricks, this motion will put a stop to the proceedings and let you re-group and catch your breath.

The time to adjourn to must be before the next regularly scheduled meeting, if there is one.

Good one, Geno!

thank you

Stay the course. Been there done this with 2 individuals that were out of control. Plus they did not do anything to educate board members & basically did everything to discourage anyone from joining the board. They attempted to sabotage meeting for almost a year enlisting (yep friends they took care of). If they are pissed, be glad.

Establish a information request form. If denied they need to provide a reason.

Have the owner of this management company attend a meeting & voice your concerns. You may need a different PM.

Check to see if financial audits have been conducted & consider a forensic audit if need be. Even request to interview the auditors.

Consider a newsletter & fill it with the positive things the board is doing for the community.

Walk & encourage other owners to join the board.

Establish committees & charters.

If they are doing nothing wrong they have no need to fight. If you are following the governing documents they have nothing they can fight. I you are not in favor of any motions, then put the reason in the minutes. Document, document, document.