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LaskaS (Texas)
Posts: 1,025
Posted:
good evening, here is the original link for background on the annaul election results.

https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/322759/view/topic/Default.aspx

Today I went to review the records I had requested. I'm very very glad I did. I learned a lot.

First. I do not believe there was any fraud or forgery. The results were what they were.

second.-investor owners( owners who own multiple units) make up a large block of proxies turned in. One board member owns 8 units, another owns 3, and two others own 2. Another investor owner owns 8 units.

third- Myself and other resident owners also had support of investor owners. we have 4 owners that owned 2 and 1 owner that owned 3

fourth, this is huge. a large number of the proxies mailed in didn't designate a proxy, therefore they were automatically given to the existing board to vote. (23 total)

fifth- I collected the most proxies of anyone. 38 that counted towards the election(I collected more than that, but some of the proxies i collected apparently the owner was behind on their maintenance fees , so their proxy only counted towards quorum) However. 4 board members actively collected proxies. one collected 23, one collected 18, one collected

only half of the eligible owners turned in a proxy or voted. This is huge. I now know which units did not submit a vote in any of the last 4 years. these are the owners i will contact next year starting in January.

One interesting observation, one board member who is the one who is also acting property manager collected numerous proxies from owners while in his capacity as property manager. Every single proxy he collected that was left blank(owner just signed the proxy and let whoever the holder was decide) he voted only for himself. He didn't vote for the other 3 board members. This is hilarious to me. He wanted to make sure that he had more votes than anyone else.

I do not yet know if the proxies turned via mail or fax to the managing agents office(basically, following the instructions in the USPS mail to send them back to his office) had any candidates designated or were literally, open signed proxies.

I am very very glad I took the time to go and really deep dive into the results . myself and another owner worked together and spent approximately 2.5 hours reviewing the scanned documents. She was incredibly helpful at tallying different data as i was scrolling through screens.

Another thing I did find. The election this year should have been 5. The managing agent misstated the previous 4 years number of seats that were up for election. The annaul announcement letters do not support what he was claiming this year when he stated there were only 4 up this year. However, it's a moot point. In retrospect, this will work out in our favor anyway, because without a doubt absolutely for sure there are 5 seats up for election next year.

LaskaS (Texas)
Posts: 1,025
Posted:
I apologize, part of the information I typed above was truncated.

fifth, I, as an individual candidate collected more proxies than any other individual candidate. This doesn't mean much other than I spent a lot of my own time out collecting.
4 other board members collected proxies, one board member collected 23. one board member(acting office manager) collected 18, One board member collected 6 and one board member collected 4
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, you're probably right about no fraud or forgery, but there's certainly a lot of homeowners out there who could be easily manipulated. That's probably why you've been hanging your head against a brick wall with this board and all those property managers.

Half the homeowners didn't vote - wonder how closely they pay attention to everything else going on in your community. It may be they're ok with everything and have the attitude z" dnt but me unless you're jacking up assessments beyond the moon, deny my exterior change request or send me a violation notice. ". You may have a lot of talking to get them interested. Sadly, there's a lot of disinterest going on in many HOAs, usually because people move in assuming they don't have to do anything because someone else will.

The acting property manager/board member needs to pick a side - you really can't do both jobs because of conflict of interest. He may have pushed the part about board elections to the folks he got the proxies from without mentioning that he's also he property manager. That's their fault - at the very least, read the damned thing before you sign alcohol know what you're signing off on. Then, what have I been saying about keeping people ignorant - just write stuff down and hand it to them because they'll never read it.

now you really understand how and why shit happens or not in your community. The turnout of at least half the community is a start, but now you need to think carefully about messaging. The board and property manager may not be doing things properly, but you may need to focus less on the personalities and more on the activities.

And focus on people's self interests - if they aren't convinced that they need to step in because their quality of life in the neighborhood and pocketbook could be at risk from mismanagement, you might continue to clash with the power structure. Good luck to you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LaskaS (Texas)
Posts: 1,025
Posted:
sheila,,

a board member should never be the property/office manager for a condominium association. all board members are required to be owners. If the property manager is aboard member that means he is an owner, the property manager does not and has not enforced the rules and regulations on his tenants as required by our documents.
Our association documents clearly state that no dogs over 30 pounds without prior written consent of the board. This is an important covenant to a lot of renters and owners. the grounds of our condominiums don't have enough green area to accommodate large dogs.

The board member/office manager is being paid by the association to ensure the rules and regulations are followed. Yet he hasn't and won't enforce the pet policy because it would directly affect his pocket book. Two of his 3 units have tenants with 60+ pound dogs. So basically , even though the board has on two occasions voted to enforce the pet policy and instructed the property manager to get a inventory of every dog on the property so that the association can send notices. The property manager/board member doesn't do it because that will result in him not being able to renew the leases of the tenants with the oversized dogs.

What i also learned from viewing all of the records.. 2019. an uncontested election. 23 proxies turned in. 2020, there was no election,the freeze disaster across houston disrupted normal procedures. The existing board stayed on. The election would have been uncontested had it been held.
In 2021, I had resigned right before the election announcements were sent out. I was constantly belittled and ignored by the majority of the board. The acting temporary property manager/board member actively collected proxies anyway if someone came into the office for something else. Therefore, in 2021. there were 60 proxies turned in. approx 20 to the managing agents office and the rest were collected by the property manager/board member. The property manager only collected proxies from owners that he knew were supportive of him and non supportive of me.

In 2022. When I gathered other interested resident owners and persuaded them to vote. The existing board did everything possible to reduce participation in the elections.

first, the notices asking for candidates was not received until the day of or days after the deadline for submitting one's name. This prevented other respected owners(both are non resident owners but have a been owners for 15 + years and have a lot of allies )from running. Complaints by these owners were ignored. I knew that the board would try and limit participation in the election. As early as January 4th, I sent an email message asking for when the dates for submission would open and close. I was ignored. I asked two different board members to find out the dates. and both didn't want to ask board because it would indicate they were supportive of me.

second,- despite the records and protocol showing otherwise,(albeit, it was confusing) the managing agent stated that in his opinion only 4 seats were up for election. This would ensure that even if the challengers won, we wouldn't have a majority.

third, despite over a dozen owners asking for the annual meeting to be held as it has always been in a large venue format in person, the board met at a meeting and intentionally did not have a large spread out meeting venue. This was designed to dissuade owners from attending in person.

fourth the property manager gave the current email list of all owners to another board member . That board member sent out a negative campaign email to thee entire ownership. That board member also used the list to create a docusign portal that allowed owners to click a link and submit their proxy. The property manager also resent the negative email to all owners using the official association address. Property manager refused to forward my response email to the complete membership list.

The board members own 20 units amongst themselves. (out of 254). 10 more from a friendly to the board investor.

This year, unlike any other of the previous years, when the board realized I was collecting proxies, several of them started also collecting proxies. either calling or emailing non resident owners. .(they had the official contact list, i did not)

So , I was facing a huge uphill battle and myself and the other resident candidates were still able to get almost 60 proxies. The current board collected 50 or so plus the 23 that were sent to the managing agents office per the stamped included pre addressed return envelope included in this years announcement.(this has never ever been done in the history of our association)

Again, many of the things above an example of how motivated the current board was this year to prevent anyone else from joining the board.

LaskaS (Texas)
Posts: 1,025
Posted:
the good news is, there are over 125 owners that didn't vote at all this year or last. These are mostly owners who rent out their units and use a real estate agent to do so. They aren't aware of the day to day operations. Next year, myself and the other candidates(including those that wanted to run this year but didn't get notice in time) will be methodical.

I now have a mostly complete owner list with phone numbers and email addresses. I will work towards getting the most current one .
JohnT38 (South Carolina)
Posts: 1,631
Posted:
"The board member/office manager is being paid by the association to ensure the rules and regulations are followed. Yet he hasn't and won't enforce the pet policy because it would directly affect his pocket book. Two of his 3 units have tenants with 60+ pound dogs. So basically , even though the board has on two occasions voted to enforce the pet policy and instructed the property manager to get a inventory of every dog on the property so that the association can send notices. The property manager/board member doesn't do it because that will result in him not being able to renew the leases of the tenants with the oversized dogs."

The final say is with the Board. Why did they bother to vote on this and then not force the "property manager" to do it or resign this roll? What am I missing here? Worse case scenario a Board member could have sent the notice out themselves.

LaskaS (Texas)
Posts: 1,025
Posted:
becuase the board doesn't have anyone to replace him. Basically, they are not interested in taking the time to interview candidates.

Thats the root of the problem. the board member/property manager knows he has the board by the b+++++.
LaskaS (Texas)
Posts: 1,025
Posted:
also, the board voted to enforce the pet policy because of numerous dog attacks by a particular dog. This dog has literally bitten 6 people over the last 3 years. The city will come and take the dog and then release the dog back to the owner.

The owner of this dog rents a unit from the property manager/board member.

The board passed a motion to require the property manager/board member to utilize a maintenance management system so that all work orders and maintenance requests are logged and kept track of. He tried to object. He was overruled. the meeting ends. the board goes back to their lives . The property manager doesn't utilize the maintenance software. a month goes by, when the property manager is questioned. he says it takes too much time and he's too busy.

I'M NOT MAKING THIS UP.

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By LaskaS on 04/02/2022 7:42 PM
also, the board voted to enforce the pet policy because of numerous dog attacks by a particular dog. This dog has literally bitten 6 people over the last 3 years. The city will come and take the dog and then release the dog back to the owner.

The owner of this dog rents a unit from the property manager/board member.

The board passed a motion to require the property manager/board member to utilize a maintenance management system so that all work orders and maintenance requests are logged and kept track of. He tried to object. He was overruled. the meeting ends. the board goes back to their lives . The property manager doesn't utilize the maintenance software. a month goes by, when the property manager is questioned. he says it takes too much time and he's too busy.

I'M NOT MAKING THIS UP.


I believe you and it's sad. My message to the community would be until you step and take responsibility you are getting exactly what you deserve. If 6 dog bites didn't motivate anyone I'm not sure what will. Good luck.
BillD16 (Texas)
Posts: 974
Posted:
I want to commend you for taking the time to do this. You may not have uncovered any fraud or forgery - but doing what you did may well prevent future instances of fraud or abuse. If nothing else, people who might be tempted to rig the next election will remember your efforts and be less-inclined towards any ‘funny business’. Rights need to be exercised now and again, lest they become mere empty words on dusty pages.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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