Throwing transparency to the wind.

Started by SteveS8 • 8 replies • 585 views

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SteveS8 (New York)
Posts: 128

Posted:

I write a blog for my New York Community of 720 homes. and have been doing it for over 11 years. It tells it like it is and in some cases, is not appreciated by the board; although many residents are very appreciative of the information which would never come to them otherwise.

Recently, the board created a rule that any resident who does not live in a given condo building may not visit it to inspect of photograph the interior. This came about because, for years, our alarm systems have shown problems, and whenever I would see the alarm in the lobby showing a problem, I would enter that building, take a picture, notify security of the alarm box beeping, and post the information on the blog. Additionally, when packages were left outside a condo building, I would bring them inside and leave them on the mail shelf in the lobby. If a package was misdelivered to the wrong building, I would email the resident to notify him or her. That, too, would be posted on the blog.

Cases of leaks in buildings, floods, and other issues were also carried by the blog.

I have just been fined $50 and have sent a letter to the Grievance Committee, which is likely not going to accomplish anything because 1/2 of that committee is made up of the board members who fined me.

Then, just recently, we were notified that the board, which had posted their meeting minutes as well as committee meeting minutes on the HOA website for 12 years, were no longer going to post the board minutes and anyone wanting to read them needed to go to the clubhouse and request to see them, but they could not take a copy or photograph them. Additionally, those minutes would now only "include only actions actually taken by the Board and not the recording of an individuals vote." And committee minutes would not be available at all.

The reason given was they were doing this on "advice of counsel" and the rationale behind this decision after all these years was:

"The attorneys for the HOA advised that the Board minutes of the HOA should not be published. The advice was based on the Not for Profit Law that only requires that corporate documents be available for inspection, and was also based on the By-Laws of the HOA that require only that the be available for inspection only."

and...

"One problem with releasing the corporate minute documents is that they can reveal a great deal that might be taken out of context and used against the Board or the HOA in a lawsuit. A second problem is the re-publication of the minutes by other sources can be easily accessed by anyone on the internet. Community problems and issues can then be seen by prospective purchasers which may deter them from a purchase."

I was curious how the members of this forum felt about this issue and I welcome feedback.

Thanks,

Steve S.
New York

NpS (Pennsylvania)
Posts: 4,216

Posted:

New York Consolidated Laws, Not-For-Profit Corporation Law - NPC § 621. Books and records; right of inspection; prima facie evidence
(b) Any person who shall have been a member of record of a corporation for at least six months immediately preceding his demand, or any person holding, or thereunto authorized in writing by the holders of, at least five percent of any class of the outstanding capital certificates, upon at least five days written demand shall have the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its members and list or record of members and to make extracts therefrom.

Looks to me like there's a right to examine minutes and to "make extracts therefrom."

(d) Upon refusal by the corporation or by an officer or agent of the corporation to permit an inspection of the minutes of the proceedings of its members or of the list or record of members, as herein provided, the person making the demand for inspection may apply to the supreme court in the judicial district where the office of the corporation is located, upon such notice as the court may direct, for an order directing the corporation, its officer or agent to show cause why an order should not be granted permitting such inspection by the applicant.

Looks to me like you can go directly to an appellate court to demand relief.

Sikubali jukumu. Read all posts at your own risk.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The road of good intentions often full of thorns...

May not like my advice. I am not sure like it myself. However, do have to play some "Devil's advocate" here.

Remember that people who are visiting your HOA/condo's are NOT members of the HOA. They don't have the right to know or view your corporate notes or other HOA exclusive information. It's just for member's eyes only. So limiting the viewership to just membership is within scope of the HOA.

It's great that you blog but you are also blogging/posting information that maybe not safe/needed to be viewed outside the membership. Posting pictures of the security system may not be best. You don't know who may be viewing this.

Think of it this way... The people who read your blogs or those visiting condo are NOT members. It is like someone walking by your home and saying "Nice home. How much you want for it?". Is your response going to be: "Well my HOA is poorly funded, the President smokes pot, and the alarm system stays broke". Which do you think helps you or your neighbors keep your homes attractive to potential buyers? Do you think these people need access to this information?

As for making an "informed" decision on purchasing a condo/house in a HOA, those documents are PUBLIC. The CC&R's and Articles of Incorporation are considered PUBLIC and available at the courthouse. the by-laws are exclusive to the HOA. However, they may sometimes be files with the CC&R's. Otherwise all the other information like financial status, rental rates, and gossip are to be controlled by the HOA.

So not against your blogging. It's just you need to realize your "real" audience. What effect is it having on those potential buyers? Wouldn't you want to keep your HOA business a bit more "in-house" with the membership?

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Actually, it goes like this: "The road to hell is paved with good intentions".

There are several well-known variations, none of which include "thorns". Sounds like one of those tragic Southern aphorisms that never quite manages to improve the original.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By SteveS8 on 06/12/2019 2:15 PM
I write a blog for my New York Community of 720 homes. and have been doing it for over 11 years. It tells it like it is and in some cases, is not appreciated by the board; although many residents are very appreciative of the information which would never come to them otherwise.

This came about because, for years, our alarm systems have shown problems, and whenever I would see the alarm in the lobby showing a problem, I would enter that building, take a picture, notify security of the alarm box beeping, and post the information on the blog.

Quote:

Posted By SteveS8 on 06/12/2019 2:15 PM

Additionally, when packages were left outside a condo building, I would bring them inside and leave them on the mail shelf in the lobby.

I would see as being a good neighbor.

Quote:

Posted By SteveS8 on 06/12/2019 2:15 PM

If a package was misdelivered to the wrong building, I would email the resident to notify him or her. That, too, would be posted on the blog.

If a package was misdelivered to someone other then you, I would be concerned about why you were looking at the mail not delivered to your address.

If the package was misdelivered to your address, and I were the recipient, I would appreciate the heads up.

Why you would make this public knowledge by posting it on your blog would have me question your motives of the blog (because, to me, it doesn't make common sense why everyone needs to know).

Quote:

Posted By SteveS8 on 06/12/2019 2:15 PM

Cases of leaks in buildings, floods, and other issues were also carried by the blog.

If I were serving on your Board, I would have an issue with this.
I would be appreciative of being notified of the problem.
I would be (lets say) perplexed that you posted it on a blog before the board had a chance to do anything about it.

As a member, I might not bother reporting issues I see because it appears someone is already doing that. Unfortunately, if it's always the same person complaining, others may grow tired of always hearing complaints from that individual and quit listening.

Regarding the new rules you identified: I think the board is over reacting. They should have tried talking to you first. Of course, it could also be that they are getting complaints from others about some of your actions.

SteveS8 (New York)
Posts: 128

Posted:

Thanks, Tim.
Allow me to explain the different concerns you expressed.

1) As far as the alarm problem... the board was and is very aware of the problem and have been for year. In fact, the very worst offending alarm was in the building of the president of our HOA. When the blog began over 11 years ago, the sponsor was still around and residents were told just about nothing. The goal of the blog was to inform the homeowners of what was going in in their community. Nothing prevents board members from reading the blog and many do on a regular basis. When there is an issue that is potentially dangerous, I immediately report it to security or concierge.

2)Misdelivered packages and packages left outside of buildings have also been going on for years. A year ago the Property Manager called Amazon to complain. That is the last time we heard anything about community action being taken on the issue. Every resident I have ever notified that their package was sitting in another building has been very grateful. I do not redeliver packages. That is not my job. The posting on the blog does not contain the name or address of the person. Only that it occurred again so residents would be aware that the problem has not been resolved just because the board never mentions it.

3) The leaking is a perfect example. A couple of years after the blog began, I would get emails and calls from residents who saw leaks in their condo building garages, yet the sponsor and the board chose not to discuss the problem if they could help it. However, since these reports were posted on the blog for homeowners to see, we eventually gathered information that every single condo building garage leaked! Then sponsor forced to act upon it.

Steve

SteveS8 (New York)
Posts: 128

Posted:

Attn: NpS.
A resident has responded to your answer, and I was hoping you would clear it up for him. Thanks, Steve

Why does the “first response” suggest going to the appellate court when the board seems to be fully complying with the conditions set out in that response? The board is making the reading of the minutes available to all members, but only in the clubhouse. I don’t see where that contradicts the terms of the “first response”.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By SteveS8 on 06/12/2019 7:57 PM
Attn: NpS.
A resident has responded to your answer, and I was hoping you would clear it up for him. Thanks, Steve

Why does the “first response” suggest going to the appellate court when the board seems to be fully complying with the conditions set out in that response? The board is making the reading of the minutes available to all members, but only in the clubhouse. I don’t see where that contradicts the terms of the “first response”.

I was simply responding to "anyone wanting to read them needed to go to the clubhouse and request to see them, but they could not take a copy or photograph them."

As I read it, the statute protects you from any restriction on copying or photographing the minutes. The fact that you can go directly to an appellate court says to me that this is a very serious infraction in the eyes of lawmakers.

I did not comment on any of your other issues.

Sikubali jukumu. Read all posts at your own risk.

ND (PA)
Posts: 792

Posted:

Anything on your blog that has a more positive, uplifting, constructive, optimistic, community-oriented spin to it . . . or is it just "telling it like it is" which to me sounds mostly like info-sharing in a more negative light.

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