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SusanS29 (California)
Posts: 5
Posted:
I am thinking of running for our board. Unfortunately there is an ongoing lawsuit against one of the owners and other things I don't know much about.

Does the current board need to disclose what is going on once I am a candidate or after I am elected? Also, can I withdraw my candidacy or from the board after the board tells me what is going on?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By SusanS29 on 05/25/2023 10:17 PM
I am thinking of running for our board. Unfortunately there is an ongoing lawsuit against one of the owners and other things I don't know much about.

Does the current board need to disclose what is going on once I am a candidate or after I am elected? Also, can I withdraw my candidacy or from the board after the board tells me what is going on?

While you're a candidate you'll only know what's been made available to all members (eg. the lawsuit). Once you've been elected you'll discover all of the things that you didn't know previously.

Yes, you can always resign from the board. It's volunteer service, you don't sign a contract, although there are expectations that go along with the position (eg. board members are fiduciaries and must act in the best interests of the association). Nobody can force you to continue if you really don't want to.

Suggestion: read your bylaws. They should list how many director positions there are, how long they serve, and what their duties are. It will give you some idea of the kinds of things the board is responsible for.

Not to alarm you, but most newbie board members find that first year of service to be an eye-opener. It's not what it looks like from the outside. It's very common for newbies to spend their first year or so in a mild panic as they discover how little they know. That's actually a good sign! A newbie who thinks that they already know everything or that they don't need to learn anything new is probably not going to be a very effective board member. It's also a time when you'll get to see some of your neighbors in a new light, and it won't be pretty. Every community has a few drama llamas who like to stir up trouble, and favorite targets are the board and the community manager. There are a few folks in my community who helped get me elected, hated me the minute I was elected, and then were perfectly cordial again after I stepped down. I'm planning to volunteer again next month, and I totally expect to become their enemy again. This kind of stuff can mess with your head until you realize that their behavior is all about them, not you.

Expecting this bumpy ride can help since you know that it's part of the process. It doesn't mean that you're not qualified to be a board member or that you won't do a great job when you get some experience.

Your community has some additional challenges with the lawsuit. Depending on its nature it may be a big deal or it may be somewhat routine. By routine, I mean things like collection or foreclosure actions that the board is probably required to pursue per your bylaws.

But yeah, you'll go into this blind to some extent. Even former board members who've been away for a few years will not know exactly what they're stepping into.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So you just want to know the lawsuit details? Why? You know there is a lawsuit. That is what you need to know. Done. Run for what you feel will be a better HOA not a personal agenda.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy and Melissa said.

Chances are you'll get on the board (perhaps because no one else wants the job) but it's critical that you understand what you're getting into and why you want to bother. It's OK for you to have ideas on what you'd really like to focus on, but I find the first year shoukd really be about learning. In addition to the documents, you'll need to dive into the budget, rule enforcement and other things. Some find this overwhelming and bow out after a month - you should be willing to commit to a year. Then you'll know which way is up and whether you still want to do it.

But you have to remember once you're on the board it's not about you - you must think of the entire community. You have to be the adult in the room because your neighbors won't always like what the board proposes, but if you know it's the right thing yo do, you'll need the fortitude to stand up to the BS coming your way. You must be honest - you may have different reasons for voting a certain way, but should be willing to explain why. It's not about everyone agreeing with you, but they shouldn't have to send out a search party to find you and ask.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JackieB4 (California)
Posts: 398
Posted:
Each of the above comments were spot on, honest and sincere. A Board is meant to be a team, but often it's not. My suggestions include READ, READ, READ: your documents (CCR's and Bylaws, rules, etc.) Hopefully these are posted on your community website/portal. If they are the originals(old) be patient and look up the words you don't understand. As Californians, we have DAVIS-STIRLING.com, HOA Law online, EASY, EASY, EASY with explanations that have you thinking "now I get it." Member apathy occurs for many logical reasons: dislike for Property Management(PM) and/or your Board. PM is a vendor, similar to landscape crew, sidewalk-cement repair, or attorney/legal, etc. It might seem overwhelming, but most of us deal with these professionals living our normal lives. To encourage HOA involvement (Directors) I have offered mentorship for this year(prior election 5/2024) to any member simply wanting to learn more. Often, simply joining a committee is a nice start. It's similar to driving a car: pay attention to your engine (DOCUMENTS); RULES TO FOLLOW: meetings, minutes, Exec vs open meeting; Toot your horn: ENCOURAGE MEMBERS TO PARTICIPATE. Be transparent, respectful and kind!
KerryL1 (California)
Posts: 14,550
Posted:
Can you say a little more about your HOA, Susan? How many directors? How many detached homes or condos?

If you haven't already, read th board's open meeting minutes for the past year to get a pretty good idea about "what's going on." You can't have access to executive session minutes or info unless the Board votes to release it to owners.

I couldn't worry about it. If you are elected and find that confidential matters that you'll have access to you are just too awful to deal with, you can resign. As observed, though, the issues may be very minor.
SusanS29 (California)
Posts: 5
Posted:
Thank you for the replies. I was wondering if the lawsuit is also from the owner to the board would anyone joining the board become liable regardless of how long they have been on the board?
SheliaH (Indiana)
Posts: 6,964
Posted:
The ASSOCIATION is what's being sued, not individual board members. That said, part of your association's master insurance should include directors and officers insurance (D & O). This protects the personal assets if board members if they are sued personally for actual or alleged wrongful acts while serving on the board. Google it for more information- better yet, should you join the board, have a look at the master insurance policy- all of it.

Although there's coverage, that doesn't mean do whatever as a board. The reason everyone here has emphasized reviewing, understanding snd FOLLOWING your documents is because too many board members don't and get into trouble because they thought they could do all sorts of craziness because "we are the board and therefore we are." What's really scary is when one or two wannabe Hitlers dominate the board and everyone goes along with them because they're afraid of conflict and/ are incapable of thinking for themselves.

Just because there's a lawsuit doesn't necessarily mean the board did something wrong. It could be the homeowner is tilting at windmills because "it's his/her house dammit, and why can't he /she/they do what they want?" So what if homeowners automatically become association members when they bought tge home and are just as legally obligated to comply with the documents? Rules are for suckers!

You're asking good questions, which tells me you want to do the job correctly. Whether you win or not, I suggest you continue asking questions and attending meetings. Stay quiet during the business portion and listen to what's being said- you'll get a glimpse of how people approach problem solving and that can very helpful to check your own motivation.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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