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BetsyH (South Carolina)
Posts: 8
Posted:
Our Board President says that, as a Board member, I cannot talk to my neighbors about HOA issues. She read a series of emails between us out loud in our last Board meeting and had the board discuss this. She had written that I did not have the “authority” to talk to my HOA neighbors about the possibility of serving on an HOA committee and I replied that I did not know of any HOA documents that said I needed to be given “authority” to speak to my neighbors. She opened this for discussion and had obviously set up certain people to make supporting comments.
What can I do? This is not the only problem, by far.
TimB4 (Tennessee)
Posts: 21,059
Posted:
When one sits on the board, one has to be very careful in what they say to others not serving on the board.
This is because, even if you were not speaking for the board, the other person may think you are because you are on the board.

The best answer is:

I am one vote and decisions are made by majority vote.
Personally I will (or will not) support you on the issue but the decision is not mine.

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BetsyH on 03/25/2024 3:39 PM
Our Board President says that, as a Board member, I cannot talk to my neighbors about HOA issues. She read a series of emails between us out loud in our last Board meeting and had the board discuss this. She had written that I did not have the “authority” to talk to my HOA neighbors about the possibility of serving on an HOA committee
The President is wrong, of course. Worse she handled this classless-ly. No director needs the authority to speak with owners about non-privileged HOA matters. When directors do so, they need to be clear that they do not speak for the board, using verbiage like what TimB4 suggests. Though I would avoid making any commitment to the neighbor regarding support.

But I think what is more important right now is operating in the reality of this idiot. She is the President, duly elected by a Board majority. This means she presides at meetings and has other duties assigned with the approval of the board majority and governing documents. Take this one on the chin (because it is not a battle worth fighting). Use a bit more discretion when speaking with owners.
DeanJ
Posts: 1,786
Posted:
I wanted to serve on that committee and my neighbor just told me you said she could be on it.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Board members should not be speaking for the board unless instructed to do so. Having off-line discussions with individual neighbors undermines the board's ability to do their job and can give the appearance of favoritism. This can foster divisiveness and ill will in communities that are so inclined (and many of them are).

So the board as a whole was right to object. They just didn't handle it properly. I believe something like this can fall under the header of "personnel issues" and should be addressed in executive session.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Homeowners often like to ask a board member questions whenever they spot them.

No matter how many times a board member starts their comments with "this is my personal opinion, I am just one board member with one vote, I don't speak for the others who may have different opinions", the homeowner will hear the answer as "the board said" and will act on it.

This is how misinformation and misunderstandings get started.

Our attorney even cautioned us against responding to anything on social media, including sites that are not official association sites. Board members can subscribe to the sites if they want to monitor what's going on, but they can't participate - not even in discussions that appear to be unrelated to anything community related. Never underestimate people's ability to misinterpret what they're hearing.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By BetsyH on 03/25/2024 3:39 PM
Our Board President says that, as a Board member, I cannot talk to my neighbors about HOA issues. She read a series of emails between us out loud in our last Board meeting and had the board discuss this. She had written that I did not have the “authority” to talk to my HOA neighbors about the possibility of serving on an HOA committee and I replied that I did not know of any HOA documents that said I needed to be given “authority” to speak to my neighbors. She opened this for discussion and had obviously set up certain people to make supporting comments.
What can I do? This is not the only problem, by far.

Consider telling her you will abide by everything in the governing documents and if she would direct you to the particular limitations she had in mind, it would be helpful.
TerriS6 (California)
Posts: 3,284
Posted:
It looks like you did that already! In that case I would ignore her as someone who cannot be pleased.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think this question is conflating a number of issues:

1. What the CC&Rs and bylaws say.

2. A person's right to speak to a neighbor.

3. A board member's duty as a board member.

The OP did nothing wrong, if viewed from the perspective of the CC&Rs.

However, board members often have to limit their speech and actions, simply because they're on the board and their speech and actions will be viewed in a different light as a result.

A board member can have a chitchat with neighbors on topics that have nothing to do with the association, because they're acting in their role as a homeowner. But if the board member is answering questions or talking about association issues, then regardless of their intention they will be viewed as acting in their role as a board member. They have a duty to be mindful of that.

When I was on the board, I was the Queen of the Noncommittal Response.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By CathyA3 on 03/26/2024 8:34 AM
I think this question is conflating a number of issues:

1. What the CC&Rs and bylaws say.

2. A person's right to speak to a neighbor.

3. A board member's duty as a board member.

The OP did nothing wrong, if viewed from the perspective of the CC&Rs.

However, board members often have to limit their speech and actions, simply because they're on the board and their speech and actions will be viewed in a different light as a result.

A board member can have a chitchat with neighbors on topics that have nothing to do with the association, because they're acting in their role as a homeowner. But if the board member is answering questions or talking about association issues, then regardless of their intention they will be viewed as acting in their role as a board member. They have a duty to be mindful of that.

When I was on the board, I was the Queen of the Noncommittal Response.

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
Directors. may speak with fellow owners about association business. Questions I heard often were along the lines of what did I miss at an open board meeting; if I knew when the window washers were scheduled to show up; how 'm going to dress for the "April in Paris social event; names of certain kinds or trees or flowers; do we have a gym tech who checks our equipment regularly? etc. etc.

Maybe I got a lot of questions/comments due to being in an elevator building. Imo, directors may of course engage in this kind of small talk. We're usually needing committee members, and if an owner asked about on I'd encourage them to apply & tell them the form is very brief.

"[The prez] had written that I did not have the “authority” to talk to my HOA neighbors about the possibility of serving on an HOA committee. One hopes you simply said that there's an opening and all owners are encouraged to apply. You did not reveal Ex. session materials. You did not trash-talk board approved motions. You did not try to "speak for the board," at all. I agree directors must be very discreet in the exchanges with other owners, but they do NOT have to be mute about the HOA.

The president has no right to speak to you that way. OR is there something in your bylaws that states that the president is the "boss?," "El Jefe?" Do the Bylaws says she gives orders to directors?

And she did this in an open meeting with owners in attendance? That's disgusting. My HOA Board actually has a protocol for "disciplining" errant directors. And the steps only occur in executive session. But directors are not "personnel," according to legal experts in CA, so an agenda item would state Owner Discipline.

But clearly there's more going on and you may have found yourself, Betsy, on the "bad side"of the entire board. And that's a really hard place to be. How many directors? Are any on your side?

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