Should mgmt company employee be on our Board?

Do your ccr's require members in good standing? The fact that you are self managed is marvelous--I wish we were. If she gets on the board, it does not mean that you have to accept her pushes to manaagement companies, and maybe you could even never place such an item on the agenda. The pres determines the agenda.

LisaS,

In your first post you mention that "one of the biggest violaters in our community is running for a seat on the Board;" have the person's violations/infactions been properly documented by the current board? If so is the person up to date with their assessments, fines, and remedial measures to cure the infractions? If so, then there is nothing that should prevent this person from serving on the board if they receive the required number of votes. Now if they are are not current in the above you need to look to your governing documents for whatever requirements and processes afforded to ensure that this person is not allowed to hold a seat on the board.

Who, what, where... she is employed is basically immaterial at this point; it can go either way with M/C experience - good or bad - if she is not a "principal" at the M/C she holds no special authority to oversee how your community (if you move to an M/C) would function. If on the board I would expect that there would be a "screen" placed before her, on the RFP's or bids for services to ensure that the process is fair and balanced. I would not want her company to be able to displace another becuase of her access to board information (pricing, etc on the other proposals). However, again this can cut both ways - having a person in the industry can alert the board to what it should be looking for, may need in the community, and a good set of eyes to review the bids. Proverbial - "damned if you do, damned if you don't" situation.

Please remember that (barring any mention), your governing documents will dictate that unless an M/C is part of your existing budget, or planned for in upcoming budget and does NOT result in an increase in assessments/dues - your board can NOT hire an M/C without community approvals. NOW if it IS in your community's budget and does not result in an increase, most documents DO allow a board to make those types of business decisions for the community (as it should be for elected representatives).

As to "open meetings" I reside in a state which requires open meetings by ststute, and by our governing documents. If you reside in such a state, then I would suggest that you enlighten your board of such requirements, and if you have such a requirement as part of your governing documents that you point that out as well.

Lastly, be prepared to roll up your sleeves and get involved, might even consider running against the person if you feel that strongly about the process. You have every right afforded to you, that any other owner has - so use it to your advantage.

On the issue of usage of "may" on governing documents, it affords boards the ability to be flexible in responding actions. If a board only had black/white positions it would be too inflexible in its governance, and believe me, that would cause many more issues. While some boards use this in an abusive manner ("may"), it then becomes the responsibility of those in the community to stand up and demand that they board act accordingly. It is my personal belief (as President of a Board) that when you have multiple bodies in board seats, unless there is a concerted effort to abuse the usage of "may" it will not occur, as everything is (or should be) done via a VOTE.

Lisa, thanks for the update... question, do your gov-doc's allow for expenditure of funds that they HOA does not yet have? If your current budget (fiscal year just ended, so unless you are on calendar year your funds are dedicated they should be allocated), should have requred approvals.