A question of interpretation

Our HOA issued a survey to gather votes on what community amenities should be offered. The results came in and during last our meeting it was suggested by one board member that the survey was not conclusive . However, after discussions a motion was made and seconded then passed unanimously. Now that member wants to challenge the interpretation of the results in executive session. I think this is wrong. It’s not an executive session subject and it’s already been approved. What are our options?

Keep in mind that the results of a survey are not binding - the board is free to disregard any and all opinions expressed. However, the discussion should take place in open session, not behind closed doors, unless it would touch on something that is privileged information for some reason (eg. current litigation involving the HOA). It's pretty unlikely for this to be happening since litigation isn't settled by opinion.

Good reasons to ignore the results of a survey:

* The survey was poorly constructed or misleading, leading to unreliable results.

* The HOA doesn't have the money to do what people want.

If these things are true, then the board should say so openly.

LmT,
We have done this type of Survey in the past. They usually have many comments that make very little sense. Since this is open to all owners and as we all know many do not know anything about the Funds available or the land available for any of these amenities. These surveys are nothing more than suggestions.

The ones that we have gotten that always make me laugh.

1) We need a gym onsite. This way I do not have to pay for my membership.
2) We need a second pool. They do not realize pools with restrooms and gates and fences can cost over a million dollars.
3) Dog Parks. They forget the space needed for 2 parks since big and small dogs need separate spaces. Who wants to hear the barking near their home?

As an HOA board member, it is our duty to sample the owners but not move things forward if it does not make both financial and common sense. I personally would have on the next agenda survey suggestions and discussions. This gives the board time to make valid points as to why some suggestions are impossible to consider.

The survey was to get community feedback on how many pools and spas should be heated in the winter. This is probably the most controversial decision our board has to make every year so this year we put out a survey asking our homeowners what they want. There were several options. Each homeowner had one vote. It was out to the community for several weeks.

Now this board member feels the options were too broad and wants to average the votes 🙄. It wasn’t a simple vote yes or no. However, the styling of the survey was approved by the board after much consideration. Now that the results are in he doesn’t agree with their interpretation.

I feel this is not a topic for executive session. It should be discussed in the next open meeting if he wants to overturn the vote and start over. I’ve studied the guidelines for executive session topics and can’t find one to fit this subject.

Thanks for the additional facts, LmT. He, as know, can try to place it on the next open meeting agenda as outlined in my above. But even that depends on who sets the agenda. I take you are on the Board?

It's now even more obvious that this isn't an executive session topic. He also may try to nag a quorum of board members to changes their minds online or by phone and that also violates CA's open meeting Act, as you know, so other directors should refuse to interact with him.

LmT,
I 100% agree with you this is not an Executive Session item. Just so you are ready for the event I would have what can and can't be discussed in Executive session on hand. If you have a common email address for all board members, I would send them the DS wording in advance. Not to discuss just to really the information if you want to save doing this in the open session. It is not against any rules I know of to forward facts to a board as long as they are not discussed on that same email chain.

So helpful of Douglas to provide the info. I think it’s a good idea to send a copy of it to every director and your PM, too, if you have one as a gentle reminder. You’re right, this type of information is OK to send to the Board. It might be good to make no reference to the survey topic.