ShaneR (Washington)
Posts: 3
Posts: 3
Posted:
A group of 7 condominium owners initiated a campaign to run for re-election to the board of directors. Two of the candidates currently serve on the board, and their term is up for renewal. Our campaign focused on various issues within our community, including a lack of transparency, missing meeting minutes and financial reports spanning over a year, inadequate maintenance, reduced security staff, post-pandemic reopening plans for our amenities such as the gym, pools, tennis courts, and clubhouse with a community bar/kitchen, as well as allegations of mistreatment of owners by the property manager.
We began our campaign several months before the annual meeting, which is when the elections and yearly financial reporting take place. We reached out to numerous homeowners who shared our concerns about the pillars of our platform. There was a unanimous sentiment across the community, as homeowners shared stories of denied requests for financial and meeting minutes. As our campaign progressed, we gained more proxies from homeowners supporting our cause. During this time, I discovered a resident living in a tent inside her living room due to water damage in her ceiling. She is currently involved in a lawsuit against the HOA due to their inaction and lack of response from both the property manager and our legal counsel.
Our association comprises approximately 770 condos on an 80-acre property, with an annual operating income exceeding 4 million dollars. It is crucial that we prioritize maintenance and exercise tight control over our budget. The property was developed in the early 1970s. We have been questioning where our money is being allocated and why the president and property manager refuse to share documents explicitly stated in our bylaws. Additionally, we are concerned about the legal counsel's support for their decisions.
We felt a strong wave of support from homeowners, and momentum was building. We completed the application process, and election packets were distributed containing information about all the candidates, along with ballots, a deadline for ballot submission, and notification of the upcoming annual meeting. Our bylaws specify that the annual meeting should take place before the end of the first quarter of the year, with election results announced during the meeting, March 31st. The meeting has already been extended to April 24th.
As we approached the ballot deadline, having just concluded our second candidate forum where homeowners could ask questions to their preferred candidates, an unusual situation arose. The board president requested that owners send in their questions before the meeting, which were then selected and asked by the moderator (board secretary). There was an evident bias in the question selection process. Following the second forum, the moderator asked us if we would be interested in participating in a discussion regarding the possibility of holding a town hall before the election. We thought it was a good idea. An email was sent on April 5th, proposing a date for the discussion on April 10th. It's worth noting that many ballots had already been submitted, and the deadline for mail-in ballots was April 21st.
On April 10th, at 7 PM, the meeting commenced. Once a quorum was established, the board president made a motion to extend the annual meeting in order to hold an in-person town hall. The stated purpose was to address any misinformation about the property manager, legal counsel, and the board, with the intention of providing homeowners the opportunity to change their vote. This announcement took us by surprise.
The annual meeting and the election deadline coincided, leading to the extension of the election. As a result, the board decided to prolong the election process to accommodate an in-person town hall meeting. This extension allowed homeowners an opportunity to reconsider their votes and potentially make changes to their submitted ballots. It should be noted that this decision was made despite not meeting the requirements stated in our bylaws, declarations, and state laws regarding the scheduling of special meetings.
There are numerous additional issues that I am unable to fully describe due to time constraints. The property manager has taken control of all our association's recordkeeping and even deleted our previous 5-year retention of maintenance records (although she claims it was due to an accident involving a temporary worker, I am aware that there should be a backup of those records). Additionally, she manages our association email and can read all emails sent to the board without any supervision. Her contract violates several of our bylaws, and she has direct access to our legal counsel. Furthermore, she has actively campaigned alongside the president against us. She holds daily meetings with a resident who possesses a significant number of proxies within our community, acquired through door-to-door solicitation and accumulation over the years. This resident also manipulates the election process by hand-picking candidates, supporting them through proxies, and ensuring their election. It is evident that privileged information is being shared among them. Legal counsel is not natural and has sent out letters to home owners regarding the state of the community and recent accomplishments.
Our votes were tallied last week, and to our dismay, the manager hired a parliamentarian to conduct the vote counting process. We were denied the opportunity to have an independent overseer present during the ballot counting. Furthermore, we were not provided with any documentation regarding the procedures followed in the counting process. This is not the first time such transparency issues have arisen, as last year we were also denied the chance to review the election results. Unfortunately, we anticipate a similar outcome on Wednesday the 17th.
It is crucial to note that there exist various HOA and Non-Profit laws that explicitly grant us the right to challenge and review election results, as well as the overall process. These provisions safeguard our rights as homeowners and ensure a fair and transparent election process.
Having been an owner for 15 years, I find myself in a state of helplessness. Despite dedicating numerous days to researching HOA laws, participating in board of directors elections, engaging with fellow residents, maintaining open communication with the board, and utilizing community social media platforms to inform my neighbors, I am still facing roadblocks. It seems as though I have taken all the necessary steps to secure a position for real reform within the community. However, the thought of incurring the expenses associated with hiring a lawyer fills me with unease. At this point, I am seeking advice on the best course of action to take moving forward.
We began our campaign several months before the annual meeting, which is when the elections and yearly financial reporting take place. We reached out to numerous homeowners who shared our concerns about the pillars of our platform. There was a unanimous sentiment across the community, as homeowners shared stories of denied requests for financial and meeting minutes. As our campaign progressed, we gained more proxies from homeowners supporting our cause. During this time, I discovered a resident living in a tent inside her living room due to water damage in her ceiling. She is currently involved in a lawsuit against the HOA due to their inaction and lack of response from both the property manager and our legal counsel.
Our association comprises approximately 770 condos on an 80-acre property, with an annual operating income exceeding 4 million dollars. It is crucial that we prioritize maintenance and exercise tight control over our budget. The property was developed in the early 1970s. We have been questioning where our money is being allocated and why the president and property manager refuse to share documents explicitly stated in our bylaws. Additionally, we are concerned about the legal counsel's support for their decisions.
We felt a strong wave of support from homeowners, and momentum was building. We completed the application process, and election packets were distributed containing information about all the candidates, along with ballots, a deadline for ballot submission, and notification of the upcoming annual meeting. Our bylaws specify that the annual meeting should take place before the end of the first quarter of the year, with election results announced during the meeting, March 31st. The meeting has already been extended to April 24th.
As we approached the ballot deadline, having just concluded our second candidate forum where homeowners could ask questions to their preferred candidates, an unusual situation arose. The board president requested that owners send in their questions before the meeting, which were then selected and asked by the moderator (board secretary). There was an evident bias in the question selection process. Following the second forum, the moderator asked us if we would be interested in participating in a discussion regarding the possibility of holding a town hall before the election. We thought it was a good idea. An email was sent on April 5th, proposing a date for the discussion on April 10th. It's worth noting that many ballots had already been submitted, and the deadline for mail-in ballots was April 21st.
On April 10th, at 7 PM, the meeting commenced. Once a quorum was established, the board president made a motion to extend the annual meeting in order to hold an in-person town hall. The stated purpose was to address any misinformation about the property manager, legal counsel, and the board, with the intention of providing homeowners the opportunity to change their vote. This announcement took us by surprise.
The annual meeting and the election deadline coincided, leading to the extension of the election. As a result, the board decided to prolong the election process to accommodate an in-person town hall meeting. This extension allowed homeowners an opportunity to reconsider their votes and potentially make changes to their submitted ballots. It should be noted that this decision was made despite not meeting the requirements stated in our bylaws, declarations, and state laws regarding the scheduling of special meetings.
There are numerous additional issues that I am unable to fully describe due to time constraints. The property manager has taken control of all our association's recordkeeping and even deleted our previous 5-year retention of maintenance records (although she claims it was due to an accident involving a temporary worker, I am aware that there should be a backup of those records). Additionally, she manages our association email and can read all emails sent to the board without any supervision. Her contract violates several of our bylaws, and she has direct access to our legal counsel. Furthermore, she has actively campaigned alongside the president against us. She holds daily meetings with a resident who possesses a significant number of proxies within our community, acquired through door-to-door solicitation and accumulation over the years. This resident also manipulates the election process by hand-picking candidates, supporting them through proxies, and ensuring their election. It is evident that privileged information is being shared among them. Legal counsel is not natural and has sent out letters to home owners regarding the state of the community and recent accomplishments.
Our votes were tallied last week, and to our dismay, the manager hired a parliamentarian to conduct the vote counting process. We were denied the opportunity to have an independent overseer present during the ballot counting. Furthermore, we were not provided with any documentation regarding the procedures followed in the counting process. This is not the first time such transparency issues have arisen, as last year we were also denied the chance to review the election results. Unfortunately, we anticipate a similar outcome on Wednesday the 17th.
It is crucial to note that there exist various HOA and Non-Profit laws that explicitly grant us the right to challenge and review election results, as well as the overall process. These provisions safeguard our rights as homeowners and ensure a fair and transparent election process.
Having been an owner for 15 years, I find myself in a state of helplessness. Despite dedicating numerous days to researching HOA laws, participating in board of directors elections, engaging with fellow residents, maintaining open communication with the board, and utilizing community social media platforms to inform my neighbors, I am still facing roadblocks. It seems as though I have taken all the necessary steps to secure a position for real reform within the community. However, the thought of incurring the expenses associated with hiring a lawyer fills me with unease. At this point, I am seeking advice on the best course of action to take moving forward.