Are president's newsletter columns reflections of Board policy?

KerryL1 (California)
Posts: 14,550

Posted:

Our HOA's monthly newsletter always has a "President's Message" column. The current president often gives her own opinion about various matters and makes them seem as if they are board policies, i.e., that the board has voted at a duly noticed meeting on x, y, or z.

Often, these topics were not even on the board's agenda at the previous meeting, they merely are the president's personal opinion that she expresses at Board meetings (though she should not). Worse, she usually includes inaccuracies and distortions of the truth. She writes statements such as, "The Board believes...." And, "many other important issues have been reviewed in prior newlsletters which can be found on the XXX website."

I think, instead, that board policies are solely the resolutions or decisions that the Board has voted on that are recorded in approved meeting minutes. Nothing else is "board policy." Am I thinking about this incorrectly?

Are the rest of the board members responsible for her sometimes egregious errors?

MarkW18
Posts: 1,290

Posted:

A president's message is just as it states, the president's, not the board. In a newsletter, the president may choose to have a column, so could the treasurer. You also might have a column titled board meeting recap. That should reflect accurately what transpired at the recent board meeting.

The president might end their column by wishing everyone a happy holiday of some sort. It may not be the opinion of some of the board who could care less. If there is an issue with the accuracy of her comments, you have a venue in which to address it. The head of our government and their administration or party ain't on the same page and information is mis-stated (being nice). I often correct that person on Twitter, that's my venue.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By MarkW18 on 06/22/2019 11:23 AM
A president's message is just as it states, the president's, not the board. In a newsletter, the president may choose to have a column, so could the treasurer. You also might have a column titled board meeting recap. That should reflect accurately what transpired at the recent board meeting.

The president might end their column by wishing everyone a happy holiday of some sort.

First and foremost, the Pres is a fiduciary. If she cannot accurately state the Board's message, then the rest of the Board should consider giving the office of Pres to someone else.

Sure the Pres can add a personal note at the end of her message - No one will confuse that as coming from the entire BOD. But misrepresenting what's going on at BOD sessions or using the column to put pressure on other BOD member to swing her way is inappropriate.

The idea of having a counter-column by another BOD member makes no sense to me. It's a logistical nightmare (What good is a rebuttal 30 days later?). It's an extra administrative burden on someone to present an opposing explanation. Who are the homeowners going to believe?

If there's a difference of opinion, that should be hashed out at a BOD meeting. If the Pres wants to say in her column that people should come to the next BOD meeting to watch the BOD members hash out an issue, great. But stating her perspective without saying in bold type THIS IS MY PERSONAL OPINION ONLY AND HAS NOT BEEN ACCEPTED OR APPROVED BY THE OTHER BOARD MEMBERS should not be allowed.

Just my 2 cents.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Never counter. When you wrestle with a pig in mud you get dirty but the pig loves it.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By NpS on 06/22/2019 2:03 PM

Posted By MarkW18 on 06/22/2019 11:23 AM
A president's message is just as it states, the president's, not the board. In a newsletter, the president may choose to have a column, so could the treasurer. You also might have a column titled board meeting recap. That should reflect accurately what transpired at the recent board meeting.

The president might end their column by wishing everyone a happy holiday of some sort.

First and foremost, the Pres is a fiduciary. If she cannot accurately state the Board's message, then the rest of the Board should consider giving the office of Pres to someone else.

Sure the Pres can add a personal note at the end of her message - No one will confuse that as coming from the entire BOD. But misrepresenting what's going on at BOD sessions or using the column to put pressure on other BOD member to swing her way is inappropriate.

The idea of having a counter-column by another BOD member makes no sense to me. It's a logistical nightmare (What good is a rebuttal 30 days later?). It's an extra administrative burden on someone to present an opposing explanation. Who are the homeowners going to believe?

If there's a difference of opinion, that should be hashed out at a BOD meeting. If the Pres wants to say in her column that people should come to the next BOD meeting to watch the BOD members hash out an issue, great. But stating her perspective without saying in bold type THIS IS MY PERSONAL OPINION ONLY AND HAS NOT BEEN ACCEPTED OR APPROVED BY THE OTHER BOARD MEMBERS should not be allowed.

Just my 2 cents.
You are confusing president message with board message.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By MarkW18 on 06/22/2019 2:53 PM
You are confusing president message with board message.

Not at all.
The perception of the owners is what counts.
Most owners won't have a clue that the Pres' opinion might not be the same as the BOD's opinion on issues of HOA business.
Simple question - How are ordinary homeowners going to distinguish between the Pres speaking as Pres of the Board and the Pres speaking as an individual homeowner independently of the BOD?
If you can't provide a simple answer to this question, then I don't think you have a point. My suggestion was a big fat disclaimer. What's yours?

Sikubali jukumu. Read all posts at your own risk.

MarkW18
Posts: 1,290

Posted:

Kinda of like our president and his administration being on two different pages.

I claim "Executive Privileged" at this time, or I have no recollection of the issue.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By MarkW18 on 06/22/2019 4:10 PM
Kinda of like our president and his administration being on two different pages.

I claim "Executive Privileged" at this time, or I have no recollection of the issue.

There's a big difference.
The rest of the BOD can make someone else the President.

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

NPs wrote: "The perception of the owners is what counts.
Most owners won't have a clue that the Pres' opinion might not be the same as the BOD's opinion on ...HOA business.
...How are ordinary homeowners going to distinguish between the Pres speaking as Pres of the Board and the Pres speaking as an individual homeowner independently of the BOD?"

What worries me is that Owners do think the board & the Prez are one & the same. As this prez would say: "l'etat ces't moi" (excuse my spelling & punctuation.) She does think she IS the board and no directors stand up to her. Why not? I think it's because they've been told to present a united front, but I could be wrong. They mistake loyalty to the HOA with loyalty to an office.

In a recent President's Message, she cherry picked words from our reserves analyst that he wrote in a email 4 years ago. I was on the board at the time and cannot find the email, nor do I recall it, but I'm certain that it was marked confidential and that the prez has no permission from the RA to cite it. Isn't that somehing the board should discuss with her? And if they do not, are they not responsible for her substantive "errors," too?

MarkW18
Posts: 1,290

Posted:

My wife asked me a question this morning about the Hatch Act. I am thinking to myself, if the President of the United States thinks they can do anything they want, why shouldn't the President of an HOA feel the same. It works until and IF someone challenges them.