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BernardH (Virginia)
Posts: 28
Posted:
The president requested to have a motion from a board memeber not stated in the minutes.
Does the president has this right? If not what could be done to have this decision reversed.
Thank you.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bernard,
Please give us more to this.
BernardH (Virginia)
Posts: 28
Posted:
I requestd that the management company be informed in writting of our concern about its laxisme in responding to requests.
i.e: 3 months to replace a stop sign in the private court, no respond to owners inquiries.
The board voted again and no seconded the motion, arguing that this will upset the management company working for the board for many years.
I am a new member, and I requestd that the motion be written in the minutes to have homeoweners informed. When the secretary refused to do it for "a lack of time" and I pointed out that is something done during the meeting, the president stated "enough is enough" and requested the motion not to be written.
DonnaS (Tennessee)
Posts: 5,671
Posted:
Okay Bernard,
Now we have something to respond to.
The management company might get upset if you inform them that they are not addressing a request from owners to do their jobs? "Well, pardon us, management company, but you are working for us, the owners and supposed to be supported by the B.O.D. The Association is paying you to answer requests and it seems like you are not doing your job." (I smoothed this over)
Now, you were not able to get a second to your motion? How many Board members were in attendance? All motions, passed or not, are to be included in the meeting minutes. No excuses and that the Board member does not want to upset the M.C. is so ridiculous. You were correct in asking that the motion and it's failure to pass, be included in the minutes for the residents to see the lack of leadership from the other Board members.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bernard,
Donna is absolutly right in her reply and I would like to say, by extension, you are absolutely right. I don't speak for Donna, she does that much better than I. But try and separate what went on at the meeting and look for cause and effect. It would not be unheard of for the Board to behave in a dictatorial fashion and respond as you say. It could be this issue is part of some other discussion that is going to be looked into. It could be that the Board was having a bad day at you expense. We just don't know that. Chances are your board is reacting to your critism not as if you are wrong or right, but you just happen to be in the right seat.
Upshot of all this is don't take this as a condemnation of the Board at this time. Try and work with the board and learn what else may be going on. If the board is defending poor management by the MC, this is not the only thing that is going on. It will also be evidenced usually by the Board taking a strong defensive position and will not be open in other matters.
Last thing is the Board is absolutely wrong in butting heads at an open meeting with a new member. You both need a chance to get to know each other. It should be a matter of concern when any member brings a problem to the Board. We had our president respond to a little pressure not long ago and he used the words, "enough is enough" as if that was a decree from the mount......Bull!
Jadedone4 (Virginia)
Posts: 495
Posted:
Bernard, I agree with Donna/Robert, and add that under proper RRO the procedure of the vote, in terms of a failed motion, IS supposed to be part of the record. While you may not have prevailed in getting a motion passed, the process still should have been part of the minutes. And in those minutes, which are under POAA, the membership has proper rights to request copies or reviews.

As Robert mentioned, since you are "new" to the board, you may need to educate them in what is proper RRO (if your HOA runs meetings in that manner). I would wait until the next meeting where the minutes of previous meeting are accepted into the official record. Move to have an amended set of minutes which includes the failed motion.

Also look to your governing doc's for guidance on the exact "powers" of the officers of the HOA.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Yes Bernard,
AT thr next meeting -IF- they read the minutes and ask for a motion to approve-- get it on record that you want to make an addition or correction to those minutes. Then state your non approval of those previous minutes and hopefully you will be able to get the correction.

It sounds like this may be the time to flex your muscles to let the other BOD members know that they have got to do a better job at proceedures. Good Luck and take a stand. You are all volunteers and no one is more important than the other.

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