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SusanO3 (California)
Posts: 163
Posted:
Now the Directors have given their first refusal, our next Board Meeting is January 14, 2025. Can I hold CTA information/persuasion session with Directors without having to call a special open meeting of the Association. I'm thinking we won't be voting so maybe it would be OK. Thoughts? Sue
KerryL1 (California)
Posts: 14,550
Posted:
This is a Board decision NOT an "association meeting " decision. But if the Board "refused" already, didn't it vote.??
KerryL1 (California)
Posts: 14,550
Posted:
This is a Board decision NOT an "association meeting " decision. But if the Board "refused" already, didn't it vote.??
KerryL1 (California)
Posts: 14,550
Posted:
This is a Board decision NOT an "association meeting " decision. But if the Board "refused" already, didn't it vote.??
SusanO3 (California)
Posts: 163
Posted:
Hi Kerry: we didn’t get as far as a vote, the Board heard an overview and said they were not prepared to accept this until they heard more and had time to think. Sue
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think this topic is probably appropriate for executive session, but then again California gets its panties in a wad over executive session. Anyone who wants to object should be invited to volunteer for board service, because y'all are on the verge of losing volunteers.

I would remind the current directors that this is a new federal law, they have about six weeks left to "think about it", and that there are significant *criminal* penalties attached to failure to comply (stiff fines and prison sentences).

I also think "persuade" is the wrong word here. They're not the only ones who object to the CTA for a number of reasons, and people who were mostly OK with it a month ago may no longer be OK. IMHO you're asking people to take a risk that no volunteer board member should be asked to take. There is no personal upside for directors after January 1, only more downside. I think you should be honest with them. But if they plan to step down from the board prior to January 1, they owe it to their community to announce it now and give the membership a chance to find new board members who are less fussy (and more naive).
LoriM15 (Florida)
Posts: 1,009
Posted:
I would question if the board members who are opposed are opposed because of specific objections or "just because". I would suggest you send them this video about the CTA, presented by attorneys, who do discuss the privacy issues. Having them watch the video would not be breaking any executive session rules.

https://beckerlawyers.com/webinar-corporate-transparency-act-mandatory-reporting-for-community-associations-due-by-january-1-2025/

I understand there MAY be people who have legitimate concerns. But I think most people who understand what it's about, and the penalties for not participating, would agree to give up a copy of the driver's license to be downloaded with the online application.

I did the applications for our two HOA corporations this week. It was fairly simple and now we are done unless we have any changes to the board.

My opinion, and take it for what it is, is that personal privacy is an illusion. If you do any airline or cruise travel, the US Government already has all of your information and they can certainly share between all departments of the government. The state has all your DL information and they can use it. Banks have your information. CTA is not just an HOA issue - if you are an officer of almost ANY corporation in the US, then you are a beneficial owner and have to give up your information to be filed. If you work in upper level management in a publicly traded company, there are all kinds of reporting requirements similar to this that already exist.

If you want to be persuasive, explain to the board that if they don't agree to provide their info then they are putting the association at risk and that you will inform the members of the community that they are exposing the entire community to jeopardy. At that point they can participate or step off the board.

None of us are happy about this. We shouldn't have to do it. But it's a reality for the time being.

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