Does a board have authority to restrict a directors access

From a total outsider's perspective . . . and I could be off base here . . .

You post frequently about differences of opinion and thoughts on proper procedure and activities between yourself, your fellow Board Members, and your MC/manager/employees.

It seems to me that you are the odd person out, even if your actions, thoughts, duties are totally "by the book" and proper. Regardless of the accuracy of your behavior in regard to HOA documents, State HOA laws, Robert's Rules, etc. . . . if nobody else agrees with you, then you don't have the support needed to win all these battles you continually find yourself in, regardless of how right you truly are.

It seems to me that you occupy a significant amount of the MC/manager/employees' time on a regular basis . . . so much so that it could be considered harassment or otherwise prevents them from getting done the sort of things you're mad at them for not doing.

I don't know if the Board has authority over whether or not a single unit owner's activities can be restricted; however, they may be doing something good in helping protect you, themselves as Board Members also, and the HOA as a whole from a potential harassment accusation and any repercussions thereof. Again, regardless of how correct you are; if you're perceived as more of a thorn in everyone's side, then I assume you'll find your access is continually restricted until such time you have to battle your own Board in court to try and turn the tables.

I'm with ND.

It's clear that you and the property manager don't like each other, and you may also have some personality clashes with your board colleagues as well. After all the posts and you still aren't getting anywhere, it's time to step back and take a long, hard look at the situation, including yourself. That's the hard part because no one wants to admit that perhaps THEY may be wrong about certain things.

I appreciate you want things done decently and in order, but considering some of the issues you've asked about, it may be time to change tactics. Of all issues, what concerns you the most and why? Perhaps you should concentrate on that and then move on to something else. You can't always fix everything at once - it's about setting priorities and picking your battles. Some battles aren't worth fighting at all, while others can wait until more important issues are addressed

I would also suggest you find someone on the board with whom you seem to have a good relationship with, invite him her for coffee (or wine or whatever) and ask him/her point-blank his/her opinion of your questions and relationships. Assure them you won't get angry (at least not in front of him/her), then shut up and keep quiet while that person speaks. Even better, if there's a neighbor who you have a good relationship with, ask him or her to attend a few meetings and then get his/her impressions of your approach.

From there, remind yourself why you campaigned to get on the board in the first place. We all start with good intentions, but can become so rigid with rules or caught up in personality conflicts, we forget the reason we're there is to help make our communities better. No one, including you, is perfect, and sometimes we need to remember the reason we do what we do and return to focusing on that.

"We all hold the potential to get things wrong, we all hold the potential to behave offensively unintentionally. What matters is how you react when someone calls you out on it. Do you choose to apologize and improve or do you double down and refuse to listen? When someone comes to you and says you can’t do X because…don’t be an ass. LISTEN to what they have to say – and if they’re right, apologize and improve. It won’t cost you anything." – part of a quote I read somewhere on Twitter

ND,

I haven't even approached the office manager or the office since may 31.. when she sent the false accusations..

That's how this all started. I was involved with the hiring of her, and I was the one who was intially training her. She claimed I was the cause of her not being able to keep the records. so I completely removed myself . The president stepped in and stopped updating the board. prevented anyone but him from contacting her. All under the guise that he was training her. After several weeks, I asked for the records that were required to be kept and documented on an internal spreadsheet, the president forwarded what she had turned it. it had 3 entries, it should have had 104.
This continued the next week. Then at some point he informed the board that she hadn't been sending him any reports , and that's why he hadn't sent them to us.

UM HELLO, this was what I was saying from the beginning, She isn't capable of doing the work. She literally can not work a spreadsheet and enter data.

We need to fire her. The board already met and discussed this, but when nothing happened. The board is saying they are afraid she is going to sue us.

Shelia,, the things that concern me the most.

The records and documentation of the internal operations are not being kept, and thus the board is not able to review and properly be informed about what is going on.

The board president has refused to fill the vacant seats of the board and the rest of the board just sits by and rubberstamps his inaction.

The result is the board president makes all decisions, decides what gets done when and whether it's important. ALL WITHOUT ANY BOARD INPUT. he will decide on a project, go and get bids then bring the bids to the board to vote on... I'm like wait a minute, why are we even getting bids on this. The common areas have other issues that need to be addressed. shouldn't the decision of what project to take on be a decision of the board after thorough discussion of options.

nd,

Another thing I want to bring up. I honestly believe that because I have been a thorn in the side of some board members. Anything I say will be summarily dismissed. Anything I suggest will be shot down. Any questions I have will be ignored unless another board member has the same question.

I am not objecting to the board making hoa decisions I disagree with. I am objecting to the board making decisions outside their authority. Mainly for the purpose of intimidating me .

If the board is supposed to be run by a president and he updates the rest of the board as he sees fit.. why even have a board.

It sounds like they just want to let the property manager do their job and stop having others do it for them. Your not getting paid to be the property manager. Your paying to have property management done. So back off. Let others do their jobs. Maybe it's not up to your "standards" or wants/desires. It is still the job that person is to do.

george21.. you are assuming goodwill..

what if you were a board member who thought you were working hard,, even though you weren't following the rules. you felt you knew better.

The board already tried to defeat me at the election, when they couldn't do that, the president tried to get proxies to remove me.. a significant number of owners called me and notified me of what was going on and expressed their support of me.

the problem is,, i have support. but noone else will step up and join the board.

Laska,

I would contend you do not have support - you have a few owners saying “you go, girl,” but your tone says you are a pita to work with - sheesh - you’ve exhausted me just with your listings, here.

Please, please, please shift strategies to one that might be partially successful over time ... I am a patient board member, but I would not go through thus with you.

so what would you suggest I do.

I am aware that there are accounting irregularities and mismanagement of the records of the hoa.

I have notified the board. There was agreement that we have a problem and we need a new manager.

I try to volunteer to start getting resumes, the president opposes. Another month goes by, the same lack of documentation and records . I am now being prevented from even having access to the records. Threatened with a lawsuit if I go to the office..

all of this could have been avoided if the records were being kept and made available as required by law..

George.. of course you would be tired of hearing me.. but hopefully,, the first time i requested access to the records you wouldn't have put up a fight and tried to prevent me from viewing them. Nor would you have sat by and let continued mismanagement of hoa funds go on.

#7, Laska, doesn't say if it refers to a meeting of the MEMBERS or a meeting of the BOARD. Augie advised that you cannot conduct any business at a meeting of the board without a board quorum.

This time, you're trying to have a meeting of the MEMBERS (OWNERS). BUT #7 DOES NOT SAY WHO CAN CALL THIS MEETING. (Sorry about caps) You need to find the missing info in your bylaws.

I think you confuse the two types of meetings by writing that there's a meeting of homeowners every month. that would be very unusual. Usually MEMBERS (owners) meetings are annually for elections although special meting of the MEMBERS can be called. I do not think you can call one by admin it to the agenda of a Board meeting??

You've written previously that there is sort of an accountant for your HOA. Can't the person give you most of the records you want?

Laska, you MUST find the difference between board meetings and members meeting (also called meetings of the membership) What is the heading for the section from which you cite #7?

I believe the monthly meetings are board meetings. Don't just the board members set the agenda and make motions and vote? If so it's a board meeting.

One reason this is confusing is that many refer to "HOA meetings," when they mean board meetings.

What do you bylaws say about how often the Board should meet?

This is not what section 4, #12 says. As quoted by you, it Section 4, #12 says:


I explained in your other thread that "adjourned meeting" translates from parliamentary lingo to mean "continued meeting." A quorum is still needed.

Evidently you do not believe this. Hence I think you need to go ahead and hire a well-qualified attorney, then hear this from him or her.

As for the board taking away your owner's rights to be in such-and-such a place: To control a member's lawful movements, a board would have to obtain a court order. That anyone would think the governing documents give the board the power to control a member's lawful movements, without the board's going to court, underwhelms.

I agree. I think it is almost guaranteed that the monthly meeting is a meeting of the board.