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KathyE5 (Missouri)
Posts: 34
Posted:
Hi, all!

I have been president of our HOA for close to 10 years now; I served as secretary for 10 years prior to my presidency. We have a fantastic community and I can truthfully say none of our homeowners has ever had a serious issue or complaint with the way I and our board conduct our business. That is, until now. And it really isn't a complaint, per se; it is more of an insurrection. T

Our HOA has existed for over 30 years. We have a lengthy list of bylaws and covenants arrived at through the years by our HOA attorneys and also board mem bers who were attorneys. We have never had a problem enforcing any restriction at all, which is why what is happening is so troubling and strange to me and the other board members: we have a new resident (2 years here), a part-timer, who is completely impressed with himself and his capabilities. To date, we have had no problems with him but that changed this past Friday. He originally introduced himself by saying he would be willing to become president, which sort of floored me. Well, as you all know, a part-time president is not a good thing. But, I guess he has been champing at the hypothetical bit trying to get a piece of our HOA's 'action,' (which is worrisome because we have a lot of money in our accounts). (If I were smart, I would let him be president but I live here, too, and I like keeping an eye on things and taking care of issues the moment that they raise their sometimes ugly heads).

So, this guy and his wife informed me on Friday that they were forming a 'design committee' in response to the news that three lots in our development were being sold and closed upon on Jan. 23. They TOLD me this; didn't ask me if I could make it. This, of course, is an unofficial committee. They were first going to meet yesterday but delayed that until today. I did not go; yesterday was my husband's birthday; today was Mass. Plus, I have spent more than 10 hours during the past week taking care of business that concerns these three lots, the sale, and the builder. Needless, to say, the news of this 'committee' has brought the one crazy that we have in our development out of the woodwork with all sorts of bizarre questions, like where will their sewage go (the three new homes); we have central sewer lines and a sewage treatment plant so, I mean, d'uh, right? LOL

They are now going through each of our restrictions with an eye toward 'tightening them up' or 'changing them.' I think I speak for us all when I say this is no small endeavor. Each change will have to be submitted to our lawyers, then voted upon, notarized, and recorded. I did not sign on for such a comprehensive review and wholesale changing of our bylaws. In fact, at our annual POA meeting in 2021 I actually submitted this idea to the entire membership and it was voted down unanimously.

Not only will this be time-consuming -- FOR ME -- but it will be very pricey.

I have already told them that they may submit their wish list to me and that I and the board will review it and get back with them. If they have any good ideas, of course, I will discuss them with our attorneys. But with the sale looming I am already up to my ears in alligators trying to get an amendment agreed upon regarding minimum square footage allowed for each new house to be built here AND a 'no rental' amendment. Plus, I have to get the county out here to look over the proposed new roadway so that the development isn't on the hook for either building or maintaining the new access road and cul de sac.

As for their rogue 'design' board, it already takes all four board members to approve any new blueprints, materials of construction, exterior designs, aspect (how the home will sit on the lot), colors, roofs, just about everything; our restrictions are very comprehensive. Plus, when they came up with this design board idea I pre-emptively enlisted two of our great neighbors, who each have a great eye for color and design and who, rather fortuitously, are building contractors, to serve as board consultants. I can't think of anything else that I should be doing. I should add, of course, that all blueprints of proposed homes are available to any property owners who would want to look at them. We are open to any and all suggestions from our property owners, too; that doesn't mean we will take them but we will entertain them and, if they are good suggestions, of course we will pass them on to the builder.

Have any of you ever had rogue members? If so, how do you handle them?

And when I sort of protested, saying, why do we need this? We have never had a problem, the rogue's wife said I was being 'emotional.' Believe me, I am not an emotional person; I think she was projecting because I wouldn't go to her meeting on such short notice. Besides, should any meeting like that have gone through the board first?

I actually feel a bit insulted by this -- and so do the other board members. I have never once had a complaint from any property owner, through my entire presidency, and now it seems that they feel that my board and I are simply too incompetent to look over and approve building plans. And I was an engineer!! LOL!

Thanks in advance for your help and advice. I mean, I rarely have needed your help before and here I am, twice in a few days. Go figure, right?

Kathy

Kathy
TimB4 (Tennessee)
Posts: 21,059
Posted:
In your situation, with permission of the board, I would send a letter to each member of the unofficial committee and specify that they have zero authority to approve or disapprove anything. That they are not sanctioned by the board and DO NOT represent the Association. Any implication they give that they represent the Association will result in the board reviewing legal options. I would also fork over money for an attorney to review the letter prior to sending it certified, return receipt.

KathyE5 (Missouri)
Posts: 34
Posted:
Thank you. Those are excellent suggestions.

Kathy
CathyA3 (Ohio)
Posts: 6,299
Posted:
in addition, if your community has a website or newsletter, consider putting in a short article listing any official committees that the HOA does have, along with the statement that any other group is unofficial and has no authority. Maybe also explain what the official ARC actually does and include a reminder that proposed modifications need prior approval.

A lot of this stuff is mysterious to most homeowners unless they've had relevant interactions with the HOA, so periodic reminders can be helpful.
CathyA3 (Ohio)
Posts: 6,299
Posted:
in addition, if your community has a website or newsletter, consider putting in a short article listing any official committees that the HOA does have, along with the statement that any other group is unofficial and has no authority. Maybe also explain what the official ARC actually does and include a reminder that proposed modifications need prior approval.

A lot of this stuff is mysterious to most homeowners unless they've had relevant interactions with the HOA, so periodic reminders can be helpful.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KathyE5 on 01/08/2023 10:42 AM
They are now going through each of our restrictions with an eye toward 'tightening them up' or 'changing them.' I think I speak for us all when I say this is no small endeavor. Each change will have to be submitted to our lawyers, then voted upon, notarized, and recorded.
Why is it you think that your Declaration or Bylaws require the board to take any action on an amendment proposed by owners? Please quote anything in your declaration or bylaws saying as much.

This committee can write any letter it wants to the board. This does not mean the board has to act on it. In fact, spending the HOA's money on attorney consults when a board majority has no interest in these proposed amendments would violate the board's fiduciary duty. You guys and gals on the board are not puppets of any owner. State law, the declaration and bylaws put the board and only the board in charge until such time as the owners wish to replace board members or until the owners show they are exercising a specific right given under state law, the declaration or bylaws.

The appropriate response to a letter from owners, that does not exercise owners' rights that are given under state law, the declaration or the bylaws, is simply, "Dear Unofficial Committee, Thank you for your input. Sincerely, Board of Directors." I think the louder this group gets, the quieter and less responsive the board should become. It's up to these owners to figure out if they have any legal remedy to force the board to act. If they have any brains, they will seek a remedy simply by campaigning and running for the board themselves.
JackieB4 (California)
Posts: 398
Posted:
Kathy, do you know a good masseuse? Tim and Cathy nailed it, short and sweet. I hope each hits their state lottery some day.
LetA (Nevada)
Posts: 2,679
Posted:
It is your job as a BOD to disband the committee, cancel them.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LetA on 01/08/2023 7:14 PM
It is your job as a BOD to disband the committee, cancel them.

I think that action would be exceeding the authority of the board.

There is nothing that prevents a group of homeowners getting together regularly to look over paperwork, form opinions and express those opinions to the board.

The issue would be if that same group represented themselves as part of the Association to the membership.
MichaelS56 (Minnesota)
Posts: 858
Posted:
You folks gave some of the best answers with the least amount of extra wording for this person. Weel done!!! Great advice.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 01/08/2023 11:06 PM
Posted By LetA on 01/08/2023 7:14 PM
It is your job as a BOD to disband the committee, cancel them.


I think that action would be exceeding the authority of the board.

There is nothing that prevents a group of homeowners getting together regularly to look over paperwork, form opinions and express those opinions to the board.

The issue would be if that same group represented themselves as part of the Association to the membership.

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
So much good advice, except for LetA, who should know there IS no committee. In fact, if a letter is sent to these owners, I wouldn't address it to the Unofficial Committee, or use the word committee at all. Just address it to the individual owners copying them all.

If your Board has any committees, Cathy's idea would be useful it seems. As you probably know, Kathy, only the board can form committees, approve the members and boards can disband them. Check your Bylaws and if silent, your state's corporation codes for non-profits will discuss committees.

Btw, I don't think I've seen here a board president refer the the Association's board of directors as "my Board."
WendyM5 (North Carolina)
Posts: 1,522
Posted:
having a lawyer send them a letter will just piss them off more
Read de escalation for HOA's or do a google search on the term.

The first thing to do is try to find any common ground and have a discussion.

Also I can guarantee you that if you have been on the board for 20 years some people have not liked how the community is run. They probably just dont' tell you about it.

This is an opporutnity to engage these members and see what can be done to address thier concerns. good luck.

vis ta vie

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