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MichaelT21 (Arkansas)
Posts: 200
Posted:
I've decided the group of 5 - 7 complainers in our community would love to serve on an HOA oversight commitee.

The responsibilities of this committee might be:

- Make observations and comments on communications styles
- Visit and socialize with community members, provide feedback and input of community perception of HOA
- Observe meetings and make comments on meeting conduct and compliance with state laws, by-laws, and CC&Rs.
- Serve as a liaison between concerned community members and HOA Board.

The time commitment would be minimal, perhaps observing the monthly meeting and then making some comments and some socialization but not much else.

Personally, I think this would be utter nuts. But, just checking, have you ever heard of such a thing?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I have seen something like this done in business. Take your loudest union supporter and promote them to management. They often then turn on the union.
JimR24 (Texas)
Posts: 399
Posted:
Seems like it might be a pretty good idea. Looking forward to hearing how it works out. The most education about hoa operations, the better imho.

Lovin' life with my honey!
and, President of HOA in Texas
JimR24 (Texas)
Posts: 399
Posted:
Seems like it might be a pretty good idea. Looking forward to hearing how it works out. The most education about hoa operations, the better imho.

Lovin' life with my honey!
and, President of HOA in Texas
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Another real life story. While under Declarant control, we had a CCO (Chief Complaining Officer) that encouraged a neighbor to start a Community Newsletter that was negative against the Declarant and his appointed BOD which I was on. The Declarant invited the publisher of the newsletter to be on the Appointed Advisory BOD. He accepted and once part of the "inner circle" he saw how fair we operated. The tone of the newsletter slowly became positive. The publisher tired of doing it and we could not find anyone willing to take it over, so it died.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
its' worht a shot

but lets face it you are just bored

they will not do this

use your time for bette rthings
happy holidays.

vis ta vie
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think it will depend on the nature of the complainers. They tend to fall into one of two groups. One is the folks who genuinely want to help, who may be uninformed about how these things work, and who can become valuable resources once they learn the ropes. The other group is the "chief complaining officers" whose real aim is to create conflict and controversy, who will not become helpful, and who will probably bail once they're given an opportunity to do real work.

You need to know who you're dealing with, because the latter folks can make things worse rather than better.

KerryL1 (California)
Posts: 14,550
Posted:
It'd help if MichaelT would add this detail: One of the group is a former board member and ,lawyer, who, according to MichaelT, screwed up their finances. Apparently she has a couple of cronies. Given this back story, I don't see how this veery loose plan of Michel's would do anything beneficial for his HOA.

If you think it would, MichaelT, why not tell us what these possible benefits might be.
MarkM19 (Texas)
Posts: 1,459
Posted:
Hey Guys,
You know that Michael is once again just pulling our chains. This will never happen in his HOA because he would never let it. He is a control freak and needs 100% control. The same people that he claims to be his adversaries would be on this committee. If they were to be any help at all they would need the incite that only the board should see. Just attending the meetings is what they do now. IF I follow his thoughts, they would be able to participate during the meetings with more involvement. How would that work for the guy that only gives 3 minutes per agenda item. It wouldn't that how. As with all committees they serve at the pleasure of the board and as soon as it starts getting adversarial, they would be asked to step down.

I still think MichaelT29 works as a shill for this site. He has changed locations at least 4 times that I know of and always asks provocative questions that gets tons of replies. I guess it is working.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I agree with Mark. If you read his posting carefully:

1) He believes that those who complain to his board would love to serve on an oversite committee.
He is not advocating that one be made.

2) He defines that the responsibilities of the committee might be everything the complainers are doing now.

3) He believes that such a committee would be "utter nuts".
Hence, I think he believes those who complain to his board are utter nuts.

Michael, in my opinion, can't see things from any other perspective then his own.
I also believe that when his perspective is challenged by overwhelming numbers he tends to flee rather then consider another perspective might have some valid points. One doesn't have to agree with another perspective but should be aware that there may be some valid points - at least one of them being his actions are being perceived differently then he intended and he should, perhaps, consider another way to explain his perspective so the actions might be perceived the way he intended.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 12/22/2022 11:56 AM
I agree with Mark. If you read his posting carefully:

1) He believes that those who complain to his board would love to serve on an oversite committee.
He is not advocating that one be made.

2) He defines that the responsibilities of the committee might be everything the complainers are doing now.

3) He believes that such a committee would be "utter nuts".
Hence, I think he believes those who complain to his board are utter nuts.

Michael, in my opinion, can't see things from any other perspective then his own.
I also believe that when his perspective is challenged by overwhelming numbers he tends to flee rather then consider another perspective might have some valid points. One doesn't have to agree with another perspective but should be aware that there may be some valid points - at least one of them being his actions are being perceived differently then he intended and he should, perhaps, consider another way to explain his perspective so the actions might be perceived the way he intended.

Well said.
KerryL1 (California)
Posts: 14,550
Posted:
While I believe MichaelT has worked hard for his HOA an improved it, a few things about him bother me. For one, he dumps his own threads when he gets answers he doesn't like. When he's asked certain questions, he also just quotes the thread. I' ve asked him 3 times now: MichaelT: Who collects the absentee ballots for your upcoming election? Who's tabulate the votes and absentee ballots?

These are a couple of things that seem to Bothe his critics. But MichaelT refuses to answer. Instead he starts a new thread.

I don't mind all of the different threads since I think that some are of interest to others who vist this site. Why hs just does' refer to himself as MichaelT of WA is baffling.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
There is no goal for chronic complainers because they are fueled by the intrigue of complaining. This is not a good idea if Michael's HOA board is serious about doing business and protecting its volunteer time investment. The assumption being made is that the chronic complainers have standing.
TimB4 (Tennessee)
Posts: 21,062
Posted:
In an earlier post on this thread, I pointed out that I believe that Michael can not see potential valid points in a perspective that a complaining member has.

I thought I would give an example with a simple solution to said example:

In an earlier thread, Subject: Board drama, a member brought to the board that they believed the board was not following their bylaws because of Michaels' electronic absentee ballot system. The bylaws specify in person or by proxy and a new statute allowed absentee ballots.

Michael, to us, defended his system by citing statute. Michael, in my opinion, was correct that the statute allowed for absentee ballots. However, he couldn't see how this action can give to perception to some that bylaws were not being followed. Perhaps a mistake in failing to fully explain to the membership ahead of time how this new option is authorized by statute.

However, a simple solution would be calling the system a directed proxy vs an absentee ballot.
This simple solution would also remove the concern of who was collecting and had access to the "ballots" prior to the election (a question that was asked but never answered).

Again, one doesn't have to agree with another persons perspective but if they could try to see the issue from that perspective they might find simple solutions that would satisfy everyone vs. creating more drama.
ElleN (Idaho)
Posts: 4,420
Posted:
According to Mike, his bylaws prohibit electronic voting. I do not think his statutes have an end run around this prohibition. He just declared that the statute means a HOA can have absentee voting, and absentee voting means voting electronically is allowed. As noted earlier I see other problems with his take. But if he wants his electronic voting system, he should seek an amendment of the bylaws.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Legal counsel has advised that the new state law that allows for absentee ballots applies to all HOAs in our state.

If there are further concerns regarding this, our association should hire our legal counsel to review our election process and issue an opinion about whether our system is compliant with the legal framework that surrounds HOAs. I personally don't spend my time reading state law, I just trust that the opinions of HOA lawyers who provide free advice during weekly sessions is accurate.
TimB4 (Tennessee)
Posts: 21,062
Posted:


Quote:
Posted By MichaelT21 on 12/23/2022 10:38 AM

Legal counsel has advised that the new state law that allows for absentee ballots applies to all HOAs in our state.

I believe this proves my point

MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By TimB4 on 12/23/2022 11:00 AM

Posted By MichaelT21 on 12/23/2022 10:38 AM

Legal counsel has advised that the new state law that allows for absentee ballots applies to all HOAs in our state.


I believe this proves my point


Yes.

With regards to our communicatins strategy on adopting the new system, we tried it last year. I listened for complaints from homeowners and heard none. Heard many compliments about how easy it was and how nice it was to not attend meetings.

This year caused a ruckus because of the names on the ballot and because we needed to collect names earlier, and it surprised some homeowners. I agree that "we as a Board" could have done better had we put some more effort into it. I don't agree that I'm the only one that could put the effort into it, rather, anyone on the Board could have identified the concern and developed a better communications strategy. None volunteered to do so. Not all work has to fall on my shoulders.

I do feel badly that I am running the election at this point. It turns out that we have had at least one additional homeowner running as a write in candidate. The system was setup to be under my control when I thought the election was uncontested. Now that it is contested, I agree I shouldn't be running it. Too many opportunities to use data that is not available to the whole community in running my campaign to get re-elected. However, I have a heck of a time getting someone to volunteer to take meeting minutes. It's simple task to take meeting minutes...jot a few notes during the meeting and spend 30 minutes putting them into a PDF format.

If I can't get someone else to take meeting minutes, how in the heck would I get someone to run an entire election?

To this point, not one person has mentioned that they'd like to be in charge of the election next year. I fully expect that ultimately, I'll run the election again next year.
ElleN (Idaho)
Posts: 4,420
Posted:
It proves that the state law says what it says.

Why would Mike raise this issue about absentee voting if he already had an attorney's opinion?

Let's say the statute does mandate that HOAs give owners the option of voting by absentee ballot. Mike's bylaws say no electronic voting is allowed. This is not a conflict. Absentee ballots can be achieved by other than electronic voting.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By ElleN on 12/23/2022 11:25 AM
It proves that the state law says what it says.

Why would Mike raise this issue about absentee voting if he already had an attorney's opinion?

Let's say the statute does mandate that HOAs give owners the option of voting by absentee ballot. Mike's bylaws say no electronic voting is allowed. This is not a conflict. Absentee ballots can be achieved by other than electronic voting.

Our by-laws do not reference electronic voting. They were written before the era in which electronic voting is a thing.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MichaelT21 on 12/23/2022 11:15 AM

If I can't get someone else to take meeting minutes, how in the heck would I get someone to run an entire election?


If I recall, you have a property manager.

MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By TimB4 on 12/23/2022 11:48 AM
Posted By MichaelT21 on 12/23/2022 11:15 AM

If I can't get someone else to take meeting minutes, how in the heck would I get someone to run an entire election?



If I recall, you have a property manager.


Yes. Her company would charge $135 for her time to attend the meeting plus an additional $90 to write the meeting minutes, so it would cost a total of $225 per meeting. We have 12 meeting per year, so it would cost us $2,700 per year to have our property manager write meeting minutes. Unfortunately, she is unable to attend 12 meetings per year because of her personal life commitments and she is not sure if another staff member would be available for those meetings that she cannot attend.

We did get a Board volunteer to agree to be Secretary but he was unable to attend a recent meeting. He let all other Board members in advance that he would be gone, and asked for someone to step up and take the meeting minutes. No one offered to do so. My wife took the minutes (she enjoys attending).

----

You may have been thinking about the election, not meeting minutes. Yes, she can handle portions of the election as part of our management contract and she has offered to do so next year. However, there are a number of things that she needs Board direction on, and it still would require involvement from someone. Examples of where the Board needs to step in and provide direction include:

- Decision on software vendor to use to collect absentee votes, if we accept electronic votes (the Board needs to ensure that the platform will work for our community based on our demographics)
- Decision on when and how to solicit names of candidates
- Decision on when to send, and how many to send, e-mail blasts to the community about the election process
- Approval of the candidates (obviously anyone can run, but a Board member has to say "ok")
- Decision on the wording to use for any advisory vote items
- Decision on when to send follow up e-mail blasts to encourage voting
- Releasing the results to the HOA president night of annual meeting.

None of this is "hard" it takes someone dedicated and willing to pay attention to the overall process to ensure it runs smoothly and to ensure our property manager is doing the right thing. It doesn't happen by itself. And if I can't get someone to take meeting minutes for a single meeting, I have a hard time believing that someone is interested enough to coordinate the process. Absentee ballots / electronic voting is more work that just voting at an in-person meeting, but I don't think our community will ever go back to in-person meetings and only voting at the meeting.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MichaelT21 on 12/23/2022 11:37 AM
Our by-laws do not reference electronic voting. They were written before the era in which electronic voting is a thing.
In your "utter genius" thread you wrote: "our by-laws do not allow for electronic elections, but our state passed a law allowing for absentee voting. They state that electronic elections are acceptable as long as we can verify that the person who cast the ballot is authorized." Now you're saying your bylaws don't reference electronic voting. And the statute sections cited so far do not say anything about electronic elections.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By ElleN on 12/23/2022 12:13 PM
Posted By MichaelT21 on 12/23/2022 11:37 AM
Our by-laws do not reference electronic voting. They were written before the era in which electronic voting is a thing.
In your "utter genius" thread you wrote: "our by-laws do not allow for electronic elections, but our state passed a law allowing for absentee voting. They state that electronic elections are acceptable as long as we can verify that the person who cast the ballot is authorized." Now you're saying your bylaws don't reference electronic voting. And the statute sections cited so far do not say anything about electronic elections.

It is a true statement that we do not have an opinion from our legal counsel as to whether the state statute allows for collection of absentee votes by an electronic means. I have asked other Board members for authorization to check with legal counsel, and no other Board member felt it was a worthwhile use of funds and thus we have not inquired.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MichaelT21 on 12/22/2022 7:58 AM
I've decided the group of 5 - 7 complainers in our community would love to serve on an HOA oversight commitee.

The responsibilities of this committee might be:

- Make observations and comments on communications styles
- Visit and socialize with community members, provide feedback and input of community perception of HOA
- Observe meetings and make comments on meeting conduct and compliance with state laws, by-laws, and CC&Rs.
- Serve as a liaison between concerned community members and HOA Board.

The time commitment would be minimal, perhaps observing the monthly meeting and then making some comments and some socialization but not much else.

Personally, I think this would be utter nuts. But, just checking, have you ever heard of such a thing?

This is what you started with, do how did this become a discussion about your elections??? Unless controlling that has been your intention all along. Now you know why I said what I said about your tendency to micromanage everything. And you're still amazed that there are people in your community who have the gall to call you out on it. It's also why I think Mark and Tim gave a point.

You stepped down as president, so all of this is a type of withdrawal. Just stop this and let the new officers take the lead on this. Since there may be a question as to whether you can do electronic voting, it appears you'll have to do them as written in your documents. The board can commission an independent team of homeowners to do that with a board liaison. Preferably someone who's not up for reelection and definitely NOT you.

It's nearly Christmas eve and right now most of the country has weather like the Artic. Why not chill out on this (not the greatest choice of words, I know), eat a nice meal, play with tge kids and have a good holiday. You can return to thus nonsense after new years.

With that, I'm taking my own advice - everyone stay safe and happy Christmas, merry break year and joyous Kwanzaa!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By TimB4 on 12/23/2022 5:38 AM
In an earlier post on this thread, I pointed out that I believe that Michael can not see potential valid points in a perspective that a complaining member has.

I thought I would give an example with a simple solution to said example:

In an earlier thread, Subject: Board drama, a member brought to the board that they believed the board was not following their bylaws because of Michaels' electronic absentee ballot system. The bylaws specify in person or by proxy and a new statute allowed absentee ballots.

Michael, to us, defended his system by citing statute. Michael, in my opinion, was correct that the statute allowed for absentee ballots. However, he couldn't see how this action can give to perception to some that bylaws were not being followed. Perhaps a mistake in failing to fully explain to the membership ahead of time how this new option is authorized by statute.

However, a simple solution would be calling the system a directed proxy vs an absentee ballot.
This simple solution would also remove the concern of who was collecting and had access to the "ballots" prior to the election (a question that was asked but never answered).

Again, one doesn't have to agree with another persons perspective but if they could try to see the issue from that perspective they might find simple solutions that would satisfy everyone vs. creating more drama.

I've said a few times before that Michael is a great worker bee and does add value to his community. What would be ideal is to have a strong president take over so Michael could work on the projects that he is interested in and leave the management responsibilities to someone who is well qualified to lead the HOA.

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