Accessing POA admin emails as a BM

Started by TommieS • 8 replies • 411 views

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TommieS (Arizona)
Posts: 5

Posted:

Hi all!

My wife and I purchased 36 acres in a beautiful fenced-in ranch. Our initial interactions with the POA and its BM'S has been miserable and even threatening at times. The old POA BM's ran things very neglectful to say the least.

Most of the old BM'S has either moved or stepped down in the last year..

We held a new election to fill the open seats.. Immediately we noticed a recurring issue of back door talks and hiding of information.

So I now sit on the poa as the 5th member..

So here is my questions ......
I have been asking the other 4 members to explain who has access to our administrative emails! No one wants to give me an answer.
(I believe there is proof in there of a few things trying to be swept away)
I'm now simply considering sending another email asking for the password/access.

Can I make such a request and whats the best way to word my request so that its a demand without being demanding...
I'm new to POA's and I believe they are playing on my lack of full knowledge of procedures..
HELPPP!!!

AugustinD
Posts: 3,698

Posted:

-- What is an "administrative email"? Who exactly sends them? Who exactly receives them? I have an idea of what you mean but I would like confirmation. Clear communications get better answers and so on. Thx for your patience.

-- Is BM something like "Board of Managers," a.k.a. the POA's board of directors?

-- One of the biggest problems folks who post here face is that of a being in the minority on a board with a majority determined to just make up the rules as they go instead of following the covenants and bylaws. There really are no powerful tools of persuasion that a minority director can use to change the minds of such a majority. Sometimes the best strategy is just to survive the year and then get like-minded candidates to run for the board, hopefully winning seats and removing the directors who are not complying with the covenants and bylaws.

TommieS (Arizona)
Posts: 5

Posted:

Please forgive me! I can see that I allowed my energy to cause me to ramble.

I currently sit on the board of our POA. I feel and am nearly 100% sure that the remaining members of this POA is using the admin email (email that the board uses to communicate in a professional capacity) in inappropriate ways. I have asked via group emails about who has access to the admin emails for viewing or whatever. They keep skirting the direct questions with things like; All admin emails are dispersed by the Secretary or "thanks for the question,there is no set procedure"??????
I'm new to this and am on the board currently ONLY via protesting their outward attempts to block my opportunity... Now that I'm on the board (to thier disgust) I'm noticing things taking place or omitted or simply I'm finding that I'm being muted from dealings until meeting time. I know that they have been using the admin emails to converse.
So before I respond again, I'm trying to find out my actual rights as a sitting BM (board member) to be able to access the POA (Property Owners Association) emails . Currently I know at least 3 of us 5 have it.. NOT ME!

AugustinD
Posts: 3,698

Posted:

TommieS, thank you for elaborating.

The first thing that leaps out at me is possible violations of the open meetings requirement of Arizona's Planned Community Statute. Board meetings can happen by email, and often, they are not lawful.

Do you think that these three who use the "admin email" to communicate are having votes by email that, say, direct the manager to do certain things? Or are these three using the "admin email" to sending official-looking emails to owners that are essentially violation notices

Can you check the POA's Declaration and determine whether it states the POA is subject to the Arizona Planned Community statute? See https://www.azleg.gov/arsDetail/?title=33 . If your POA is subject to this statute, then with some caveats, board meetings are supposed to be open to all POA members, and furthermore, POA members are supposed to be allowed to speak (within reason). See ARS Section 33-1804 in particular. Board meetings (which these email exchanges may be) are a big legal deal. Discussions by email are for the most part board meetings that have not been properly 'noticed' to the membership and so likely violate this statute.

If the signs are strong that these three are violating the requirements for open meetings, then per the statute you should consider a complaint to the Arizona Department of Real Estate. See https://azre.gov/consumers/hoa

TommieS (Arizona)
Posts: 5

Posted:

Thanks a ton for the information..

I'm heading out to help a neighbor with some work.. ill have to get back and sit with my wife and really absorb the information given..
Please stand by..🤝🙏

TommieS (Arizona)
Posts: 5

Posted:

Thanks a ton for the information..

I'm heading out to help a neighbor with some work.. ill have to get back and sit with my wife and really absorb the information given..
Please stand by..🤝🙏

TommieS (Arizona)
Posts: 5

Posted:

I'm sorry but my mind is going..lol
Can I and do I have the right to ask for the password to our admin emails for for review and education? I firmly believe that I am THE only one without access..

SheilaJ1 (South Carolina)
Posts: 291

Posted:

A board member has access to everything except maybe their own delinquent information status but in that case most wouldn’t be eligible to serve anyway.

I wouldnt know how to ask them nicely so perhaps someone can give you a good approach without the other members lawyering up.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By TommieS on 05/10/2021 9:36 AM
Can I and do I have the right to ask for the password to our admin emails for for review and education? I firmly believe that I am THE only one without access..

I avoided answering this because I do not like the premise of the question. For what it is worth:

My opinion is that these email exchanges may be conducting POA business without a meeting. If so, they are likely violating state law and the POA's bylaws in a few ways. One of the ways it is likely violating the law is by not giving notice to // all // directors that the "meetings" are happening. You can try sending a letter to the three directors like the following:

Dear Directors ___, ____, ____,

It appears that you may be conducting POA business by email, amounting to taking POA actions without a meeting. I am concerned this violates the open meeting requirements of ARS 33-1804 and other requirements for giving "notice" to directors that a meeting is taking place.

Please provide us with the information (login name and password) needed to participate in these email discussions, so we monitor them and ensure the POA is complying with state law and its governing documents.

Sincerely,

names
addresses
emails
phones

Send the letter by email. After a week of this being ignored, send the letter certified mail, return receipt requested. Request that this be put on the agenda for the next board meeting open to members.

Keep checking back here. Someone may be able to soften the tone of the letter or actions I propose, improving your chances of getting what you want.

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