Board member harassment

Maybe it's your view that may need to change. Many people disagree with me, but "Property value" is based on REAL #'s. It's NOT subjective to opinion or wants/desires. What a HOA is to do is to keep the property ATTRACTIVE to potential buyers so they want to buy at good prices. Trying to "Keep values" is going to a lot of chasing your own tails.

Lawyers for HOA's are really needed for representing the HOA in court. You may need one to send out a letter or two. However, over all you never really need a full time on retainer lawyer. I wouldn't even pay a lawyer a retainer unless it was a court case. Don't need one for them to file liens or do foreclosures. Plus you don't need a Real Estate attorney. Your HOA is incorporated and a business. A specialized HOA attorney or one with corporate law knowledge would do.

By laws are just guidelines after all and easily changed. Plus does your HOA have the right to fine and have a fining schedule to enforce?

Unenforceable? Multiple bylaw violations?

Sounds like your bylaws need to be re-written for modern times.

The first thing that every brand new, first time HOA board member needs to learn is: you don't know squat. You've got a mountain of a learning curve to climb, especially if you haven't spent any time in the corporate world. The board works as a single entity, and no one board member has any right to go off on their own and do things. If you believe you can wade in and change things to suit yourself, you're going to run up against experienced board members who do know what they're doing. You should expect push back.

The experienced board may or may not be good at their jobs. The idea that they can remove someone from the board is flat out wrong. However, "fire" may also mean removing a director from their officer position, which they very much can do. So this alleged threat may not signify much of anything.

Also, when lawyers talk about unenforceable provisions, they're usually talking about the CC&Rs, especially the R (ie, restrictions), and not the bylaws. The terms are not interchangeable. And poorly worded or out-of-date governing docs are not unusual, especially in older communities. Finally, if previous boards have not been enforcing the CC&Rs and other community rules, it can open the board to charges of selective enforcement if a homeowner challenges a violation notice, which can effectively make something unenforceable. This also is not surprising and may not mean anything one way or the other.

We had a newbie director who spent her first year stamping her little feetses because she wasn't getting things her way, rather than buckling down and trying the learn the ropes. The result was that she antagonized everyone including our PM, and now in her third year still doesn't know what she needs to know. But according to her the previous board stopped her from making all of these great changes, when in fact she was running up against our CC&Rs. The worst thing is that uninformed or apathetic homeowners may believe her nonsense, which has led to my firm belief that homeowners get the boards they deserve.

My advice to all newbie directors is: before assuming nefarious intent, learn why things are being done the way they are. You'll save yourself and everyone around you a whole lot of unnecessary grief.

Thanks for your responses. I understand completely what you are saying. I have been trying to learn and understand how this board works and the management agency for months. I ask questions and they say, mostly they dont know the answer, as it has "always been this way" and to ask the management agent. So I ask the management and he says he doesnt have time to answer all my e-mails, doesnt get paid enough etc. So has given his notice, says it isn't just me, it's all the sudden co-owner complaints and one has an attorneyETC.As I said before, one Director has been on the Board 20+ years, 2 others 15 years, 1,5. And then me. I think our bylaws are fairly well written and we should be able to use them. But 2 Directors, both real buddies. One with many 4 coowners wanting violation filed etc. It is a mess. But I love the community and will see this through. Any other suggestions?

And one more: Always keep learning, because there always will be more to learn.

(That's why a lot of us experienced board members and property managers hang out on this site. We're still learning.)

Be very wary of entrenched board members. Few do it very long for the good of the community. Most are on a power trip or have self-dealing issues. If you are honest, have common sense, have the community’s best interests in mind, are fair to all homeowners (even the ones you don’t like) and treat the community funds as carefully as you would your own, then you are not the odd one on the board. They are.

Don’t let them tell you otherwise. They will try to marginalize you so they can continue to hide mismanagement or corruption from the homeowners. Resist.

you've received some good advice here, Peggy. My fist question is: will you share 2-3 examples of Bylaws the Board violates?

Sure! The biggest one has to do with renting. Both in the Master Deed and in the Bylaws, it stresses the Unit use. "No unit in the Condominium shall be used for other than single family Residential purposes, and the common Elements shall be used only for purposes consistent with the use of single family residences." We can lease to another single family for a minimun of 12 months and they (renter) must comply with all requirements of the Condominium documents including restrictions. There is also a bylaw having to do with garages, stating "All single family dwellings shall have attached garages. No carports,detached garage or other out-building shall be erected, placed or permitted to remain on any unit." Co-owners are mostly complaining of violations on these two things as we have a number of renters....with separate entrances, extra cars etc. and a couple ugly "sheds". It mostly has been ignored by the Board and I can't go along with it as it does say in another by-law, Enforcement of Provisions of Condominium Documents. A Co-owner may maintain an action against the Association and its officers and Directors to compel such persons to enforce the terms and provisions of the Condominium Documents. The Board has never done anything. Now, however, there is the possibility of a Co-owner wanting to rent his place to students and so....there is some uproar in the community and understandably so. Perhaps now is the time to write some violation letters? I want to but I am in the minority.....real minority.....only Director who thinks we need to be active instead of silent and still.

So...anymore comments?

Thank you so much! You have been very helpful. What about easements? A Coowner has put a concrete slab in the middle of an storm water drainage easement. Our master law says no change in grade to restrict water flow....can homeowner have it removed as she lives next door?

Thanks to all of you for your most informative comments!