Board Member abuse of Position

Started by LmT • 7 replies • 706 views

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LmT (California)
Posts: 237

Posted:

A member of our five person board has asked to have placed on the agenda a problem they have at their unit.

This has been dealt with in the past, before this person was appointed to the board. Our attorney considered it to be a homeowner responsibility rather than the HOA.

Now they feel it should be visited again and he has asked it to be on the agenda. I think he is abusing his position to expedite this matter and bring it before the board of directors again as Other home owners do not have this privilege.

What do others think?

SamE2 (New Jersey)
Posts: 310

Posted:

In our Association anyone can ask for items to be added to the agenda.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I think anything requested should be put on the agenda (regardless of who it comes from).
This shows that the Board is willing to hear it's members.

Now, how much time is spent on the issue is up to the Board.
Since you have already sought a legal opinion, bring this fact up (as the member might not be aware of it) and what the opinion was.

Then move on.

KerryL1 (California)
Posts: 14,550

Posted:

In our HOA, any Owner may place items on our open meeting agendas so there's no special treatment of directors in that regard. Before it goes on the agenda, why not send him your attorney's opinion and ask if he has any questions about the opinion.

Oh, wait: is the opinion in writing? If not, perhaps the attorney would send you a quick email at no charge?

Sounds like you're in a condo. Just curious. What's the nature of the problem? If it involves an item inside his unit that only his unit may use, generally, it's the owner's responsibility. By having it on the agenda and then the board's decision recorded in the minutes, it's something the board can refer to if it comes up again.

In our high rise, the only in-unit issue where there's debate is a drain clog. Was it due to the occupants' conduct? Or was there a clog in the common area drain line leading to the unit. The plumber generally answers that question on his invoice, i.e., had to snake 30 feet, etc.

SheliaH (Indiana)
Posts: 6,964

Posted:

It's one thing to ask for something to be added to the agenda, but that doesn't mean it MUST be added. Usually, our president, secretary, and property work together in setting the agenda, but if something isn't listed, the homeowner will get a response. For example, if it's something the board will be addressing in the next meeting or two, tell the homeowner and invite him/her to attend a meeting or send in comments/suggestions.

In this case, I wouldn't put it on the agenda - remind the man of what's transpired. If he has NEW information that warrants a review, he can submit it and the attorney can review it to see if the board should discuss it further. If, it's a rehash/rewording of the same argument, no.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SheilaJ1 (South Carolina)
Posts: 291

Posted:

The only abuse I see is from the OP, op talks of privilege, what other privileges do you think you have now that you are a board member?

Tim said it right, doesn’t matter who the request comes from.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It's NOT one person's decision. They can ask and put on the agenda all they want. Doesn't mean they get it. Unless I missed that it's a 1 member board?

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By LmT on 03/08/2019 9:52 PM
A member of our five person board has asked to have placed on the agenda a problem they have at their unit.

This has been dealt with in the past, before this person was appointed to the board. Our attorney considered it to be a homeowner responsibility rather than the HOA.

Now they feel it should be visited again and he has asked it to be on the agenda. I think he is abusing his position to expedite this matter and bring it before the board of directors again as Other home owners do not have this privilege.

What do others think?

There are innumerable instances where attorney's have given bad legal advice. Maybe this person thinks the lawyer's opinion was wrong and wants to re-visit the issue. When questions are posed to lawyers, it's not unusual for a board to provide them with selective, cherry-picked, and incomplete facts. I see nothing wrong with bringing it up again for discussion. The whole board will decide, not the one board member, and as long as it's not his decision alone I don't see any problem with putting it on the agenda. Maybe he'll change his mind after reviewing the reasons for past decisions. Maybe others on the board will change theirs.

Or maybe the guy is just a pain in the neck. Let him have his say.

A standard response to "I have a problem with my HOA" is "get on the board and try to fix it". Sounds exactly like what your guy is trying to do.

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