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MichaelT21 (Arkansas)
Posts: 200
Posted:
Our property manager puts together a 50 - 100 page PM report for each meeting. It contains financial information, vendor proposals, new homeowner letters, communication from vendors, and e-mails advising Board of property manager recommendations. It also contains a legal update on legal matters.

I wondering if this is a record of the association that I can request. Obviously, the legal update would need to be redacted. I think the documented created by the property manager should be requestable by me as an Association record.

Thoughts?
MaxB4
Posts: 3,513
Posted:
NO!
WendyM5 (North Carolina)
Posts: 1,522
Posted:
well of course it should be.

but let me guess
when you were on the board you did not provide this to membership, but now that you are off the board, you suddenly think it should be?

vis ta vie
MichaelT21 (Arkansas)
Posts: 200
Posted:
When I was on the Board, we requested advice from our attorneys on borderline records requests (ones that we did not readily know) and went off of their advice. No homoewner requested the PM report while I was on the Board.
KerryL1 (California)
Posts: 14,550
Posted:
No. In fact, our MC has in bold letters on the cover of the directors packet binder "Confidential."
MaxB4
Posts: 3,513
Posted:
Why would vendor proposals, communications from vendors, and emails from PM advising Board?
MichaelS56 (Minnesota)
Posts: 858
Posted:
Way too much information for a Board meeting.
MaxB4
Posts: 3,513
Posted:
The question then leads to another question. If a vendor proposal was in the board packet, but not on the agenda, would it have been appropriate to have been included by the manager?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By MichaelS56 on 04/11/2023 12:25 PM
Way too much information for a Board meeting.

Yeahbut... Much of this is information that the board should have and discuss. If you're in an open meeting state, where else are you going to talk about it?

Even if the item isn't discussed in the meeting (eg., routine communications), it still lets the board know how the manager is performing their job - something that the board should pay attention to.

Our board packets contained all of the things mentioned in the OP except for routine homeowner and vendor communications, and they were not shared with homeowners. Some of the information had to be kept confidential - for example, bids and other communications can contain proprietary information, and would not be available for homeowners to see. Most of the info that they could see eventually made its way onto our website.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By KerryL1 on 04/11/2023 12:16 PM
No. In fact, our MC has in bold letters on the cover of the directors packet binder "Confidential."

PM do thT all the time to cya

H
They put that on our contract and then we're dumb enough not to have a not have a confidentiality clause

In other wards it's not enforceable and after all the board decides what's confidential not some vendor

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By MichaelT21 on 04/11/2023 12:05 PM
When I was on the Board, we requested advice from our attorneys on borderline records requests (ones that we did not readily know) and went off of their advice. No homoewner requested the PM report while I was on the Board.

Too late now but you should of made an open records policy and included that packet as an item. Go ahead and request it. Everyone loves old board members looking over the current boards shoulders. I'm sure they will gladly approve

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
I tend to think the PM's report is a record of the association and should be provided under RCW 64.38.045. All you can do is provide a proper purpose for this request and ask. If the board says no, then you know your options.

I personally do not see a need to have this packet. What Wendy posted, about a former director-President who suddenly resigned (for whatever good reason) wanting to continue to look over the board's shoulder, is a concern to me as well.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Whether concerning or not, this is the situation we are in.

I left under intense pressure from a small (~5) population of homeowners, who in my opinion are trying to revert control of the HOA back to the people who ran it poorly before me.

When a person leaves under this type of pressure, it's logical that the person who left then is an excellent candidate to serve as a watchdog over the organization, to ensure that community money is being used appropriately and that appropriate parks maintenance is being done.
ElleN (Idaho)
Posts: 4,420
Posted:
An owner has a right to inspect certain records. This right exists precisely so owners can be a kind of watchdog. The right is so important that a number of state legislatures have beefed up owner protections for exercising this right.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MichaelS56 on 04/11/2023 12:25 PM
Way too much information for a Board meeting.

I agree.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MichaelT21 on 04/11/2023 2:04 PM
Whether concerning or not, this is the situation we are in.

I left under intense pressure from a small (~5) population of homeowners, who in my opinion are trying to revert control of the HOA back to the people who ran it poorly before me.

When a person leaves under this type of pressure, it's logical that the person who left then is an excellent candidate to serve as a watchdog over the organization, to ensure that community money is being used appropriately and that appropriate parks maintenance is being done.

And so we get to the heart of your recent conversations, as Wendy noted. Apparently, your arch enemy won the day and now you want to scrutinize everything your replacement is doing so you can pounce on the new regime. I believe Bill asked in a previous conversation what prompted your departure, and now I'm curious. Did these people threaten to burn your house down or toilet paper the trees in front of it ? This small group really got inside your head didn't they?

Anyway, you were on the board for three years if memory serves, and also served as president - surely you're well acquainted with the management report (that's what we call it) to know sone things aren't for general consumption. For starters, you could get the income-expense report and balance sheets. We also made the ledger and bank statements available, although no one asked for them.. Our report had a lengthy section on delinquent accounts not available to homeowners. That's not accessible. Emails concerning specific homeowners wasn't available. In fact we didn't have emails in our reports when I was on the board because wed already received that stuff. Usually it was follow up information on stuff we'd reviewed at the last board meeting.

People often request mountains of HOA records but don't have a clue as to what they're looking. It may also need to organized and you may need to develop a timeliness based on the dates of the correspondence, but even that can be inconclusive because you didn't hear the conversations behind the documents. You know that too.

Go back and read your documents (again) to see if there's mention of what homeowners are entitled to. Do your own research fir a change and take a look at the HOA laws in your state to see what it says and if that statute even applies to your community. It may only apply to HOAs established after a certain date.
Unless you're hoping ElleN does the research for you.

Or you can slow your roll and OBSERVE what happens over the next few months. Who knows, maybe your former colleagues will realize you knew what you were talking about and beg you to return. But if they don't, you had your shot and now you have to see if time proves you right. You may find they do the job better than you - and that'll benefit you and everyone else, so why trip?

Until then, attend a few meetings, participate in the resident forum and give others a chance to speak, read the minutes and review the monthly income/expense statements and note if the math doesn't add up. Z find something else to do with your time. You're in withdrawal right now and the first few days are rough but you'll get through ghem.

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 SheliaH on 04/11/2023 4:13 PM
Posted By MichaelT21 on 04/11/2023 2:04 PM
Whether concerning or not, this is the situation we are in.

I left under intense pressure from a small (~5) population of homeowners, who in my opinion are trying to revert control of the HOA back to the people who ran it poorly before me.

When a person leaves under this type of pressure, it's logical that the person who left then is an excellent candidate to serve as a watchdog over the organization, to ensure that community money is being used appropriately and that appropriate parks maintenance is being done.


And so we get to the heart of your recent conversations, as Wendy noted. Apparently, your arch enemy won the day and now you want to scrutinize everything your replacement is doing so you can pounce on the new regime. I believe Bill asked in a previous conversation what prompted your departure, and now I'm curious. Did these people threaten to burn your house down or toilet paper the trees in front of it ? This small group really got inside your head didn't they?

Absolutely spot on.
TimB4 (Tennessee)
Posts: 21,059
Posted:
What I find interesting in all of this is:

1) Michael, who used to complain about the workload the Association created and is now free of it, has chosen to create additional work.

2) Michael, who complained that his arch nemesis was keeping a close eye on everything and complaining when desired, appears to be doing the same thing.

KerryL1 (California)
Posts: 14,550
Posted:
With MichaelS, there's too much info in the directors report or meeting packet. And I bet I know where all of those items came from, MichelT, himself. No wonder their part-time PM was overworked.

I feel really strongly that only matters on the board's agenda for discussion or decisions should be in the meeting packet. The exception is the monthly financials, but even the bare bones, not every invoice.

Those and Letters to new owners, work orders, violation letters all should be on the website that's accessible to the Board only. Our MC also has an "Action List" that directors follow on their site to see the progress on projects and items that they've directed the PM to handle. On some of these, a point is reached where it's back on the agenda as Unfinished Business, for example, to choose among proposal the board ordered the PM to collect.

When our MC first got our account years ago, many of the above are in our directors reports, but as the MC added elements to our website, the directors packet became came much slimmer.

And I still maintain with some othesr that proposals and private info about owners' delinquencies and discipline are not to be shared with any owners.

I do believe MichaelT did a lot of good for his community, but his personal style annoyed tooooo many of his board members and that handful of other owners. He was re-elected recently. Taking time off the Board probably is good for him & his family. Some former board members keep their hand in it with board assignments, like I do, or active committee work. MichaelT might, for example want to chair a real committee on their parks & playgrounds.

But some directors simply must quit cold turkey and ignore the board's actions as much as possible.
KerryL1 (California)
Posts: 14,550
Posted:
With MichaelS, there's too much info in the directors report or meeting packet. And I bet I know where all of those items came from, MichelT, himself. No wonder their part-time PM was overworked.

I feel really strongly that only matters on the board's agenda for discussion or decisions should be in the meeting packet. The exception is the monthly financials, but even the bare bones, not every invoice.

Those and Letters to new owners, work orders, violation letters all should be on the website that's accessible to the Board only. Our MC also has an "Action List" that directors follow on their site to see the progress on projects and items that they've directed the PM to handle. On some of these, a point is reached where it's back on the agenda as Unfinished Business, for example, to choose among proposal the board ordered the PM to collect.

When our MC first got our account years ago, many of the above are in our directors reports, but as the MC added elements to our website, the directors packet became came much slimmer.

And I still maintain with some othesr that proposals and private info about owners' delinquencies and discipline are not to be shared with any owners.

I do believe MichaelT did a lot of good for his community, but his personal style annoyed tooooo many of his board members and that handful of other owners. He was re-elected recently. Taking time off the Board probably is good for him & his family. Some former board members keep their hand in it with board assignments, like I do, or active committee work. MichaelT might, for example want to chair a real committee on their parks & playgrounds.

But some directors simply must quit cold turkey and ignore the board's actions as much as possible.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By TimB4 on 04/11/2023 4:45 PM
What I find interesting in all of this is:

1) Michael, who used to complain about the workload the Association created and is now free of it, has chosen to create additional work.

2) Michael, who complained that his arch nemesis was keeping a close eye on everything and complaining when desired, appears to be doing the same thing.


true, but go easy on him, sounds like he was a decent president from his posts.

vis ta vie
KerryL1 (California)
Posts: 14,550
Posted:
With MichaelS, there's too much info in the directors report or meeting packet. And I bet I know where all of those items came from, MichelT, himself. No wonder their part-time PM was overworked.

I feel really strongly that only matters on the board's agenda for discussion or decisions should be in the meeting packet. The exception is the monthly financials, but even the bare bones, not every invoice.

Those and Letters to new owners, work orders, violation letters all should be on the website that's accessible to the Board only. Our MC also has an "Action List" that directors follow on their site to see the progress on projects and items that they've directed the PM to handle. On some of these, a point is reached where it's back on the agenda as Unfinished Business, for example, to choose among proposal the board ordered the PM to collect.

When our MC first got our account years ago, many of the above are in our directors reports, but as the MC added elements to our website, the directors packet became came much slimmer.

And I still maintain with some othesr that proposals and private info about owners' delinquencies and discipline are not to be shared with any owners.

I do believe MichaelT did a lot of good for his community, but his personal style annoyed tooooo many of his board members and that handful of other owners. He was re-elected recently. Taking time off the Board probably is good for him & his family. Some former board members keep their hand in it with board assignments, like I do, or active committee work. MichaelT might, for example want to chair a real committee on their parks & playgrounds.

But some directors simply must quit cold turkey and ignore the board's actions as much as possible.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TimB4 on 04/11/2023 4:45 PM
What I find interesting in all of this is:

1) Michael, who used to complain about the workload the Association created and is now free of it, has chosen to create additional work.

2) Michael, who complained that his arch nemesis was keeping a close eye on everything and complaining when desired, appears to be doing the same thing.


One of the hardest things to do after you've stepped down from the board is to actually let go. Former board members know too much: they see stuff the new crowd is messing up, and they wonder what else is happening that they can't see.

(Our current "leadership" has taken to announcing that they're going to do whatever "in accordance with the bylaws". This generally occurs when they're violating the bylaws and/or CC&Rs. Well, axe-u-lee, folks - saying that you're acting in accordance with the bylaws ain't the same thing as actually doing it. It's very frustrating - fortunately I can bite my tongue and rant here.)

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 04/11/2023 6:55 PM
true, but go easy on him, sounds like he was a decent president from his posts.
For the second time in this thread, I agree with Wendy.

I figure: Things are rarely black and white.

I just do not think the OP needs the manger's report (a.k.a. 'board packet') to figure out what's what. He can ask, and really IMO, since his dollars help pay for the report // to the board //, and for other reasons, it should be a record owners are entitled to inspect (with appropriate redactions of privileged info). Still I think fine tuning his records requests (such that he does not need the report) would be a classier, legally cleaner, less antagonistic move.

TimB4 (Tennessee)
Posts: 21,059
Posted:
I was simply trying to point out something Michael might not have seen (as it's not always to look at yourself).

Based on earlier postings, I'm positive he did good for his Association.
Hopefully, some of it will continue under a new board.

Regarding board meeting packets, Virginia requires that the info be available to members who attend the meeting unless it's executive session items. Have no idea if there is a similar requirement for Washington State. I do think it's a good idea for all States.

Having never seen a PM report, I can only imagine what might be in such a report that would limit full availability to all members. However, I don't see why a PM couldn't make the report so it can be shared. Thinking back, this is similar to what we told Michael about his power point presentations.

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