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TN1 (California)
Posts: 45
Posted:
I have attached a clip from letter being sent with the ballots signed by HOA
President along with Special meeting Ballots being sent to HOA Homeowners regarding the Special meeting petition regarding CBU's I had previously posted about.

What's your guys thoughts on the letter being sent with the Special meeting ballots and especially how he sighed it. (Without even discussing or informing all BOD feeling on matter / intentions to do so)...

3. Regardless of the outcome of any vote, the local Postal Service has made it clear that it will not approve individual secured mailboxes at xxxxx xxxxx. Therefore, if the membership votes to overturn the Board’s decision, the membership will be left without secured mailboxes of any form, and the problems with mail theft will continue. Depending upon the expense of removal of the community mailboxes and replacement with unsecured boxes, a special one-time assessment would also need to be levied against each xxxx xxxxx residence to replenish the reserves for the cost of the current community locking mailboxes, as well as the expense associated with their removal and disposal.

In light of the above, the Board majority is advising a β€œNO” vote on the attached ballot. We believe that the cluster mailboxes offer the best solution to the problem of mail theft at the least amount of inconvenience to the membership. Thank you.

Sincerely,

Xxxx xxxx, President, writing for the majority of the Board of Directors
Xxxx xxxx HOA
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I see this a lot with regular voting on new laws not just in a HOA. Example: We have people who campaign against some kind of new ordinance/law whenever it comes up to vote for the community. Let's say the city wants to pass a rule of no drinking on Sundays. My mailbox and TV Waives will fill up with those for or against it.

Yes, I do see this letter as coming across as using their "influence". However, on the other side one may want to know how their people who represent them is leaning. That way you can decide that they aren't doing it the way you want. If you don't know which way a group is leaning you may find yourself fighting on the same side and not realize it.

Former HOA President
MikeM35 (Virginia)
Posts: 4
Posted:
I think it's perfectly fine. Well written and conveys his message clearly. The membership should know exactly what the Board (or a majority of the Board) thinks.
AugustinD
Posts: 5,144
Posted:
From my reading of California statute (Davis-Stirling), the Board has to provide equal access to its resources for campaigning. See

https://www.davis-stirling.com/HOME/Election-Campaigning

and

https://www.davis-stirling.com/HOME/Equal-Access
KerryL1 (California)
Posts: 14,550
Posted:
As advised in the past, TN, do visit davis-stirling.com, especially that listed by Augustin.

I seem also to recall that boards in CA can sent out reasons why something is on a ballot.

If you have the space, you can invite owners to a meeting to disuse this topic. The HOA can't charge you to tent their clubhouse, meeting room or whatever if you have them.
SheliaH (Indiana)
Posts: 6,964
Posted:
I would have preferred to see the entire letter so I could read the last paragraph in context, especially if the preceding contained information about the cost of doing nothing vs. replacing the current mailboxes with unsecured ones vs. purchasing the cluster mailboxes.

That said, I don't see anything wrong with saying the board is advising homeowners vote no - that's what we did when we had a year long campaign asking homeowners to vote on closing our pool permanently. We included a fact sheet with the ballot and encouraged people to ask questions - they didn't and although most voted to close the pool, there were a few who voted to keep it, and that was ok. In your case, I hope people will read the letter and attend the meeting with their questions before they make a decision. If you or anyone else feels more research should be done on the subject before the board makes a recommendation to do anything, go to the meeting and suggest that as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TN1 (California)
Posts: 45
Posted:
That's just it. The Board already took action and receintly installed the cbu's based solely on the boards decision to change them without proper / adaquite notification to the home owners.
(Board passed 4 to 1 in faver 2 months age to replace existing individual boxes with CBU's).

I was the no vote,.
(. I voted no, because residents haven't been adaquitly notified and it was basically being slid through because the president decided and pushed locking mailboxes. There was no discussion / notification to homeowners regarding installing CBU's in obscure isolated out of way common areas with removal of existing curbside delivery mailboxes from in front of of residences.

Regardless.
Now that the CBU's have been installed and last Saturday 07/28/18 most of the CBU's put in use by USPS for mail delivery ( Approx 50 out of 266 have not picked up keys from the HOA yet for whatever reason.

I FEEL THEY SHOULD NOW STAY.

That being said,.I wasn't asked, nor any BD discussion, imput before the Pres. decided on his own to send the letter out with the Special meeting ballots to the home owners.

The letter signed by the BD President,with phrase "most" of BD, makes it appear as if the entire BD was consulted and everyone wasn't currently in agreement with "No vote".

The President acknowledged communication had been poor and we all agreed to try start a newsletter / update our NEW website to be more transparent. ( Which hasn't occurred yet).

I'm not opposed to the CBU's,. I was opposed to the Boards way of going about the process without homeowner notification in advance.

The BD and PM failed to follow Davis-Stering act proceedures re: Capital Improvments.

Again,. Now that the CBU's are in,.
I think they should stay in.

Not be removed and a "NO" vote would be in the best interests of all and encourage such, supporting the "No" vote. ( Which I believe will probably be the outcome of the Special Meeting" vote. Especially since the Pres. pushed HARD to get them in before anyone knew.

If I had been asked, consulted, I believe the entire BD is on board with a No vote,. Not "most" as the President indicated in his letter.

Regardless,. I think if he was intending on sending out a letter appearing as if it was from the "Board" (on the HOA's dime) it would have been more appropriate if he had just signed it,
"President of the HOA". Instead of signing it "most".

I could be totally off base here, that's why I'm posting here and asking for your imput.

Tks

GeorgeS21 (Florida)
Posts: 3,808
Posted:
As previously mentioned, it sounds like the Board allowed the President of the Board to control things - and, now the President is asking for forgiveness vice permission.
SheliaH (Indiana)
Posts: 6,964
Posted:
What George said. That letter should have been reviewed and approved by the entire board before it was sent. At this point, I would have an executive session to review and censure the president's actions (and perhaps consider if he should remain president). From this moment on, emphasize that people cannot act as a lone ranger, whether he/she has an officer position or not.

It might also be best to postpone the vote. Instead, have a special homeowner's meeting where the issue can be discussed, questions asked and answered. The Board could then prepare the information sheet I mentioned, laying out the community's options before scheduling another vote.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
With Sheila & George on this. The prez should not have spent HOA $ sending a letter making is seem as if the Board voted to send the letter.

I agree censure is a good idea unless the board is too cowardly to confront the president. Look up censure, TN, at davis-stirling.com.

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