Posted:
It’s good that some of you took the time to review the document (don’t be surprised if many of your neighbors didn’t, because reading anything in detail seems to be a big problem these days – that’s how you miss important information). However…
You say there was a lot of “gibberish”, but that’s subjective. You may be correct sections were poorly written, but it’s also possible you were a bit tired by the time you got to that section(s) because wading through a document this size IS challenging, and so it didn’t make sense. Hopefully, you wrote your questions as you went through the document so you can ask them during the meeting – and may sure YOU attend because some of your neighbors won’t do that either for various reasons.
You may also be correct about the cutting and pasting, but are you saying you checked EVERY WORD of this 108 page document against other sources? No disrespect, but I don’t see anyone taking the time to do all of that. If that’s what you think they did, I hope you’re willing to point that out (with proof) at the informational meeting.
Regarding the executive sessions, those should be rare and are usually reserved for specific circumstances – discussing sensitive issues like lawsuits by or against the association could be one of them. They should be announced before being held (e.g. going into executive session after the regular board meeting) and a summary of the board’s action mpted in the regular board meeting minutes (not a blow by blow accounting of who said what) If that didn’t happen, bring that up during the information meeting.
Speaking of meetings, board meeting minutes are supposed to be approved during the next meeting (e.g. June minutes are approved in July, and then they become the official records of the association). That’s when they should be posted on your homeowner portal, so if that hasn’t been happening, what’s taken you and your neighbors so long to bring this up? The year will be over in about eight weeks, so you need to demand answers sooner rather than later.
Having said all this, the executive session issue and board meeting minute postings are what I suggest an attorney focus on, but I don’t think you’re there just yet. Go to that meeting and see what they say – if they try to blow you off or flat out refuse, you and your neighbors might need an attorney to discuss your options. Remember, legal action will mean association resources have to be used and that could affect various maintenance projects that must be addressed.
If those contracts have already been signed, there might not be anything you can do about that, but you can check your documents to see if a special homeowner’s meeting should be called to discuss the board’s conduct – and possible recall. That will also mean others (like you) may have to step up and volunteer to serve, and then you can take a closer look at what prompted all the stuff in the 108 page document.
Perhaps the board is finally addressing issues that should have done years ago – such as underfunded reserves. Maybe if they’d been funded properly and assessments increased gradually to keep up with inflation, you might not need a $1 million line of credit now. Instead people yelled about assessments being kept “low”, forgetting about inflation, and too many board members were more interested in getting elected instead of ignoring the future (which comes whether we’re prepared for it or not.)
I think your board has bitten off A LOT more than it can chew and homeowners can absorb all at once, especially since we’re heading towards the Thanksgiving/Hannukah/Christmas, Kwanzaa/New Years season. And yes, that might be the point - throw all this at the homeowners so they’ll rubber stamp everything without thinking it all the way through (well, they’ve been talking about this all summer, so it must be ok…)
For you, I suggest contacting the board RIGHT NOW and ask that they set some priorities on what subjects should be discussed on Nov. 18 and save the other topics for several information meetings where these issues can be discussed in more detail and people can submit questions in writing.
I’d start with the 2025 budget and new contracts because that will impact assessments. The $1 million credit line discussion could also be discussed, although it may be better for next year, as you might not need it right now. That would give the board time to answer questions on why they feel this is necessary – what’s going on with your reserves?
A discussion on new rules and regulations could be saved for early next year. Be sure to check your documents to ensure the board has the authority to enact additional rules. Also note their effective dates – instead of, say Jan. 1, February 1 or March 1 might be better. For rules concerning exterior changes or appearances, homeowners could be given a 30-60 day grace period to become compliant before getting violation notices based on the new rules.
Finally, address the proposed amendments next spring – a certain percentage of homeowners will have to approve them anyway, so that would give them time to educate themselves on the issues.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius