Rekindling participation in the community

Started by LynneP1 • 18 replies • 291 views

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LynneP1 (Oregon)
Posts: 17

Posted:

Following some difficult years of poor leadership, there is a new group of board members, most of whom are new owners (one year or less), and who are not familiar with the history of the complex. The current president has funneled all communication from owners to an email which only she monitors. She then decides what to share with the rest of the board. Owners do not have access to contact info for other board members. A couple of new board members trying to get access to the email were told she would take care of everything. She has been able, through years of non participation, to put herself in charge of research and contractors, bring her interpretation of that research to the rest of the board, and present them with a yea or ne option. The non participation of owners is significant, due to lack of trust and/or frustration with how things are run. Some new board members are eager to make change, but overwhelmed with how the structure has been narrowed to dissuade participation, including participation of owners in board meetings, and not including the financial report as part of the regular board meeting. Suggestions on how new board members can begin to turn this around?

We are a complex of 75 units, outside the city of Portland

WarrenR4 (Colorado)
Posts: 13

Posted:

Get rid of her using the bylaws. Id be happy to take a look, but there must be a way to have her removed if this is what homeowners want. and maybe set up an email address for the other board members on the side and since there are only 75 units, shouldnt be too difficult to disperse information.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I think if you got a new breed of board members it's time to let the past go and focus on the future. Let the new crowd sort things out. They should figure out that maybe they have someone who is the showrunner in their midst. Which they can decide to join in force or remove with force. You can't force change if your not involved. Just take a breath and participate the best way you can. It takes time for culture changes to take place. Have some patience and offer help when needed.

Plus what I did is get a dog or something else that will cause more social interaction. The more people see each other socially the more things will change...

Former HOA President

TerriS6 (California)
Posts: 3,284

Posted:

Those emails are association records. All directors have an absolute right to inspect all your records. Look up your association and corporation laws about directors' rights and records. Then get some issues on the agenda.

CathyA3 (Ohio)
Posts: 6,299

Posted:

The first order of business for new board members is actually understanding what the job involves. They are responsible for running a multi-million dollar non-profit corporation. They should be familiar with what their governing documents (declaration/CC&Rs and bylaws) say. These documents are not suggestions - they define how the corporation is to operate. The board has to comply with them since CC&Rs are viewed as contractual terms and thus enforceable. These documents will mirror whatever state laws you have that regulate how community associations are required to operate.

What board members need to know:

* legal stuff, both state and federal laws that apply to community associations, plus employment and contract law
* accounting, finance, and taxation
* insurance
* building and facilities management if you're in condos or you have amenities such as a clubhouse
* green space management, road maintenance if your streets are private, includes local environmental conditions and requirements
* people management: hiring/firing employees or contract workers, dealing with vendors, dealing with difficult people

Sounds pretty boring, doesn't it? Kinda sounds like a job, doesn't it?

Welcome to board service: you are running a business. It is one tough job, and you can assume that you will be criticized by people who know less about the job than you do. Newbies don't know squat, and even experienced board members often don't know "enough". Nobody hands you a crystal ball. Assume you will make mistakes, since even with the knowledge of the items listed above, there is still a lot of on-the-job training. And the salary stinks.

If you're not spending a good part of your first year on the board in a mild panic as you discover how little you know, then you're not learning what you need to learn in order to do the job well.

One final recommendation: follow the rules, be ethical, and be transparent. And avoid social media like the plague, it is not your friend.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LynneP1 on 08/01/2023 8:02 PM
Following some difficult years of poor leadership, there is a new group of board members, most of whom are new owners (one year or less), and who are not familiar with the history of the complex. The current president has funneled all communication from owners to an email which only she monitors. She then decides what to share with the rest of the board. Owners do not have access to contact info for other board members. A couple of new board members trying to get access to the email were told she would take care of everything. She has been able, through years of non participation, to put herself in charge of research and contractors, bring her interpretation of that research to the rest of the board, and present them with a yea or ne option. The non participation of owners is significant, due to lack of trust and/or frustration with how things are run. Some new board members are eager to make change, but overwhelmed with how the structure has been narrowed to dissuade participation, including participation of owners in board meetings, and not including the financial report as part of the regular board meeting. Suggestions on how new board members can begin to turn this around?

Do a majority of directors feel as you describe above? If so, then at the next board meeting with the manager present, the board votes for the current president to stop doing ___, ____, and ____ and instead assigns other directors to do these tasks.

Also the bylaws and/or state statute almost always say that a majority of directors can vote to replace the president.

LynneP1 (Oregon)
Posts: 17

Posted:

good idea. Since the majority of the board is now 'new' (one year or less as owners) I doubt they would take that stance, just because it is so overwhelming those first years - to learn all there is to know, to rock the boat while learning the ropes seems unlikely. We do have a provision that allows for 20% of owners to bring a specific meeting to address x, y and z. It will be sketchy to find 15 who are willing to follow through.

LynneP1 (Oregon)
Posts: 17

Posted:

great idea to do the extra email. thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lynne

Typically the majority of the BOD can call for an Election of Officers. This does not mean if she in not elected by the BOD she is off the BOD. She will still be a Member of the BOD. Talk to a few BOD members and see if they will try this.

SheliaH (Indiana)
Posts: 6,964

Posted:

I often recommend people take a look at the Community Association Institute website and check out their education materials, especially if they're new to a HOA board. Some of the information is aimed towards newbies and there are all sorts of topics ranging from managing your management company, if you have one, to reserve funds. there are also webinars and there may be a local chapter in your area that sponsors training. You can get individual or group memberships so everyone can take advantage. Between looking at best practices from CAI as well as this website, and your documents, you can set some priorities and go from there.

As for the current president, vote her out of that position if she's more of a hindrance, and look into setting up a group email accessible for all board members. We did that through our management company - maintenance requests could go to the property manager and all the board members get the same email, so they can determine the best way to approach the issue. Sometimes it's as simple as referring the matter to the property manager for a response, other times, the matter is discussed at the next meeting. the homeowner receives an acknowledgment of the email being received and when he/she can expect an initial response (there should be an update by the next meeting, although another one or two may be necessary, depending on the issue).

As far as homeowner participation is concerned, there are all sorts of ways to encourage this, but you'll find people will respond at different times for different reasons, and unfortunately, some will never respond to anything. A good way to see where people are could be to run a homeowner poll and ask what's worked or not, what sorts of changes they'd like to see, if there are areas they're particularly concerned about, how effective has it been to get information on association business, like board meeting minutes, annual meeting minutes, annual budgets, etc. You can also ask if the board should sponsor any community-building activities - perhaps a holiday party or back-to-school something could be the place to start (ask for volunteers to set it up, while you're at it). People may or not not respond to that either (20% response rate is a good number to aim for), so keep it relatively short to start. There are sample questions floating around the internet you can consider and you can set up a SurveyMonkey account (I think the basics are still free) so people can respond electronically to save time.

Sometimes, a town hall meeting to brainstorm on what's right and wrong with the community and what homeowners (everyone) can do to turn things around can be effective.

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

KerryL1 (California)
Posts: 14,550

Posted:

Does your HOA have a community manager? Full-time, onsite? Or services several accounts & is offsite? Does this manager work for a management company (MC)?

Sorry if I missed it, but it's not clear to me if you're on the Board, Lynne; are you? What size is the Board?

For your next Board meeting, directors need to submit agenda items for a Board vote:

1. All communication from Owners must go to the entire Board. With Shelia, make a motion to set up a Board email account to which all Owner must communicate.

2. All decisions about choosing projects that need contracts must be make by the board

3. If your association has an HOA attorney, pay her/him to provide the Board with a 1-hour seminar about their duties and what they need to learn.

4. visit CAI, as Shelia advises. Their Board Members Toolkit, or similar title is excellent & free. It will help the new board members focus on what's important.

Cathy mentions import things, but several of them are not things your need to learn immediately. You need to learn your own governing documents immediately, especially the CC&rs and Bylaws. Your reels & Regulations are probably pretty easy.

LynneP1 (Oregon)
Posts: 17

Posted:

Quote:

Posted By KerryL1 on 08/02/2023 10:57 AM
Does your HOA have a community manager? Full-time, onsite? Or services several accounts & is offsite? Does this manager work for a management company (MC)?

Sorry if I missed it, but it's not clear to me if you're on the Board, Lynne; are you? What size is the Board?

For your next Board meeting, directors need to submit agenda items for a Board vote:

1. All communication from Owners must go to the entire Board. With Shelia, make a motion to set up a Board email account to which all Owner must communicate.

2. All decisions about choosing projects that need contracts must be make by the board

3. If your association has an HOA attorney, pay her/him to provide the Board with a 1-hour seminar about their duties and what they need to learn.

4. visit CAI, as Shelia advises. Their Board Members Toolkit, or similar title is excellent & free. It will help the new board members focus on what's important.

Cathy mentions import things, but several of them are not things your need to learn immediately. You need to learn your own governing documents immediately, especially the CC&rs and Bylaws. Your reels & Regulations are probably pretty easy.

No management company. All done by board (e.g., by this president...) There are now 7-8 (not sure) board members. One of them doesn't live in the state. I am an owner, not board member (was on board at different complex, so am aware of board issues). Thanks for CAI information, and idea about paid seminar by attorneys. This board consistently (meaning for decades) tries to avoid paying attorneys, which has made for some interesting confusion.. Yes our current bylaws/ governing docs are very simple; this president has gotten away with the queen bee trip because of serious apathy, mistrust, and lots of turnover in the last decade.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I think avoiding paying for an attorney is a good thing. I only used attorney to file liens or foreclosures. We never responded to anyone threatening to sue. Except to tell them we will wait on the paperwork. No need to panic over a lawsuit threat. They have no power.

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Ohhhhh! You can see most who responded thought you are a member of the newbie Board. But, first, do your Bylaws state how many directors your HOA should have?

Offhand, because the queen has been running your HOA for a long time with no help from a management company OR an HOA attorney, there easily might be mistakes she's made that could get your HOA into legal trouble. Is there even an HOA accountant? Who, for example sends out the payment book or however Owners are assessed? Who pays vendors? To whom would you address your request to review the financials for this year so far? You do have that right. Are your friendly with any director(s)?

Are there ANY non-director owners who you can gather to try to help the new Board? A good vehicle might be if a small group of you requested to form a Committee to the Board in writing for an open meeting. Landscape? A Social committee? I'm thinking you want to try to activate owners to support the new board.

Another is your idea of calling a special meeting of the members to discuss one or two particular topics. In most states and bylaws, only those topics may be discussed at such a members meeting. If you're unable to find so few owners to help, well....yes, a lot of work ahead.

Someone who'd speak at no coast to your board and to owners too probably is your reserve analyst. If s/he starts with the basics, th person will teach new board members more a bout their obligations and finances.

If you are strictly on your own, you have a lot of work to do. I guess I'd write a letter to the Board--all members--urging them to join CAI. Visit cailonline to see the opportunities to learn how to be a board member or even be an educated member of your community. Maybe you want to join. I'd see if they have any local experts who would give your board some training. I never did in all my years of board service join, but paid about once a year to attend CAI local meetings with experts who spoke. Very worthwhile. Order the Toolkit for Board Members and give it to your newbies.

It can be extremely useful to hire an HOA attorney to give the board training in the legal aspects their work because it will cover your governing documents and OR statutes about HOAs. Directors will learn that in non-profits, the board, not the president govern. They CAN and should make motions to chip away at the authority that the prez has grabbed for herself that should be shared among all directors. I agree with you, they shouldn't dump her yet. Without a PM, the Board probably DOES want to formally delegate--with motions and votes that various directors-- do certain tasks. Some of these will go to officers based on the description of their duties in your Bylaws.

I've just tossed around some random thoughts. This actually is the first time that I recall that an owner wants to advise or support a new inexperienced Board, so it's novel. HOW this might be done is the key. Hope other posters have ideas too!

TerriS6 (California)
Posts: 3,284

Posted:

Here's a published case about a director who acted independently.
https://caselaw.findlaw.com/court/ca-court-of-appeal/1739439.html

KerryL1 (California)
Posts: 14,550

Posted:

Lynne is not a director.

LynneP1 (Oregon)
Posts: 17

Posted:

Quote:

Posted By KerryL1 on 08/02/2023 5:09 PM
Ohhhhh! You can see most who responded thought you are a member of the newbie Board. But, first, do your Bylaws state how many directors your HOA should have?

Offhand, because the queen has been running your HOA for a long time with no help from a management company OR an HOA attorney, there easily might be mistakes she's made that could get your HOA into legal trouble. Is there even an HOA accountant? Who, for example sends out the payment book or however Owners are assessed? Who pays vendors? To whom would you address your request to review the financials for this year so far? You do have that right. Are your friendly with any director(s)?

Are there ANY non-director owners who you can gather to try to help the new Board? A good vehicle might be if a small group of you requested to form a Committee to the Board in writing for an open meeting. Landscape? A Social committee? I'm thinking you want to try to activate owners to support the new board.

Another is your idea of calling a special meeting of the members to discuss one or two particular topics. In most states and bylaws, only those topics may be discussed at such a members meeting. If you're unable to find so few owners to help, well....yes, a lot of work ahead.

Someone who'd speak at no coast to your board and to owners too probably is your reserve analyst. If s/he starts with the basics, th person will teach new board members more a bout their obligations and finances.

If you are strictly on your own, you have a lot of work to do. I guess I'd write a letter to the Board--all members--urging them to join CAI. Visit cailonline to see the opportunities to learn how to be a board member or even be an educated member of your community. Maybe you want to join. I'd see if they have any local experts who would give your board some training. I never did in all my years of board service join, but paid about once a year to attend CAI local meetings with experts who spoke. Very worthwhile. Order the Toolkit for Board Members and give it to your newbies.

It can be extremely useful to hire an HOA attorney to give the board training in the legal aspects their work because it will cover your governing documents and OR statutes about HOAs. Directors will learn that in non-profits, the board, not the president govern. They CAN and should make motions to chip away at the authority that the prez has grabbed for herself that should be shared among all directors. I agree with you, they shouldn't dump her yet. Without a PM, the Board probably DOES want to formally delegate--with motions and votes that various directors-- do certain tasks. Some of these will go to officers based on the description of their duties in your Bylaws.

I've just tossed around some random thoughts. This actually is the first time that I recall that an owner wants to advise or support a new inexperienced Board, so it's novel. HOW this might be done is the key. Hope other posters have ideas too!

We are at maximum board members. Thanks so much for all the ideas!

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By KerryL1 on 08/02/2023 5:59 PM
Lynne is not a director.

I was not referring to Lynne in relation to the case.

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