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JackieB4 (California)
Posts: 398
Posted:
As promised, I posted the F/U of this ongoing (1 year) battle with PMC/legal/Directors over a $485 MA in last year's EM. No responses so decided to post currently (here).
Update: 140 SFH, I am a Director (several times) and have asked for documents showing this fee was given the 28 day member review, approved by Board (3), why was it created after not needing it for 35 years, why is it not mentioned in minutes, ARC appl., nowhere on our Portal?

Yesterday, PM said "legal ($$$$$) said it's optional and not necessary for member review and approval. The members that brought it to my attention weren't given an option of yes/no.
"Pay or your ARC appl. is denied." Comments?
SheliaH (Indiana)
Posts: 6,964
Posted:
I tried looking for your previous conversation, but couldn't find it. I'm sure it's buried somewhere, but there are over 500 pages of conversations on this website, so could you provide a quick recap of what the argument is? Spell out your abbreviations the first time you use them - MA and EM can meet several things depending on the discussion.

Did all this happen before you joined the board? If so, have you spoken to the older board colleagues to see how all this came about (they may have documents you can review)? Otherwise, where were you when this happened? The property manager said "legal" said it wasn't necessary - is he or she talking about YOUR association attorney or theirs? If not, this should have gone through the association's attorney - the property manager's attorney isn't the same thing. Have you tried speaking to the association attorney (with authorization from your colleagues)? If not, why not?

What would this have to do with an ARC application anyway - I would think the board's in charge of approving those requests (check your documents, which may also say something about fees). I don't see why a $485 application fee or whatever they're calling this is necessary - if this is about gathering information to review the ARC request, the homeowners should be providing all supporting documentation when submitting his/her request. If you don't get all your questions answered, tell the homeowner you need more information and why, with a deadline. If it's not submitted, the application will be denied. There should also be appeal rights for this.

For example, if someone wants to build a storage shed in the backyard, I'd want to know the type of materials used, the dates the shed will be built (should be after the application is approved), colors, name, and contact information on whoever will be doing the work, copies of any permits that would be required by the city or county, etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Make a motion to stop charging it and stop speaking of it in ARC applications.

If the President will not put it on the agenda, then during the open forum segment, speak of your being denied having this put on the agenda.

Or does this board also deny owners the statutorily required "open forum" segment of board meetings?
JackieB4 (California)
Posts: 398
Posted:
Thanks Tim for your techie skills and posting my prior link.

Shelia, Thanks for you suggestions: MA = Management Agreement; EM = Email.

1- I was not on the Board at the time (2016) that this MA was implemented. Only one 2016 member/Director remains here. Yes, I have asked the WHY, How, proof but he (Pres) won't comment and simply has quorum vote (2:1) to not answer. I have been censured ("no violations") for asking the questions...which were brought to my attention by an affected member.

2- I have clearly asked 6 times (bimonthly) for the minutes and MA document, showing membership notification and Director approval.

3- We use our PMC legal attorney.$$$$, who PM seems to ask lots of basic info that HOA 101 should know? $$$$$$ No we don't have a second attorney, except with the Vendor that collects fines, liens, etc. The PMC attorney just issued a statement via PM that the MA $485 "is an option" and never needed member review or be officially adopted." I disagree!
It was never presented as AN OPTION to the member.

4- You and I are both in agreement: this fee to record ARC changes with County makes no sense! It was quietly initiated when a new member became President (2016). Members were unaware and my attempts to clarify have turned into a hornet's nest. There is no doucmentation on our Portal.

5- Our ARC application is detailed and easy to monitor. My numerous memberships as ARC/Landscape/Director-volunteer reminded me there were no glitches or problems before MA $485.
JackieB4 (California)
Posts: 398
Posted:
Elln, the PMC changed their tune with "it's an option." How can it remain an OPTION if it never went through the proper creation? I have had it on Open Session agenda (bimonthly) 6 times and 3 new managers. "let me look into this" was the common response in open session. Yesterday I was told "it's closed so no more agenda." I disagreed and again repeated my requests. Legal told Manager #3 "it does not need to be officially adopted and can be dealth with on a case by case."

Yes, I am hoping for new BOD blood with next annual election (MAY). Challenging!
ElleN (Idaho)
Posts: 4,420
Posted:
JackieB4, you brought this up several times in front of owners. This counts for a lot. Given the rogue board majority, and short of making this into a legal dispute, and with elections on the horizon (where you can make this a campaign issue), at this time I think you have done all you can do.
JackieB4 (California)
Posts: 398
Posted:
Elln, I totally agree. Being a women of my word, I promised an update. I'd appreciate some pre-election advice on how to expose this BS without getting a violation for sharing Exec info? Also, I'm not spending HOA funds or my own to litigate. Realistically most owners think life is wonderful, someone is watching the kitchen. Nada!
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JackieB4 on 02/28/2024 4:13 PM
Elln, I totally agree. Being a women of my word, I promised an update. I'd appreciate some pre-election advice on how to expose this BS without getting a violation for sharing Exec info?
A two sentence bullet item in your campaign statement. E.g.

-- Will work with the new board to eliminate the inappropriate $485 'legal and notarization fee' for an ARC application.
JackieB4 (California)
Posts: 398
Posted:
ElleN, Perfect! I love the KISS approach.

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