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CathyA3 (Ohio)
Posts: 6,299
Posted:
By request...

I mentioned in a different thread that my community experienced what can happen when a group of disgruntled homeowners believe that the current board isn't doing a good job and they want change.

I've also commented in the past that many times homeowners are unhappy about things that are normal business practices in a community association. They expect a democracy or a social organization, but what they've bought into is a corporation. They want change, but don't understand is that what they want violates CC&Rs or state laws.

Or they maybe do have a better idea of how things should run, but they don't understand the proper steps to make that happen.

So they basically throw a tantrum.

Details of we experienced

In our case, what that boiled down to was constant criticism of the board but without actually volunteering to serve on the board themselves. This culminated in blowing up the 2023 annual meeting. Many loud words were said, the one candidate for the open board positions said "not for me" and walked out, and after the meeting was adjourned the remaining board member resigned. Voila: we got no board! Oh boy!

I wasn't at the meeting (still hiding from covid at that point). But from what I learned afterwards, our activist group's criticisms were a mixture of some legitimate issues, a misunderstanding of how condo associations operate, disagreeing with how the then-current board was doing things, and just causing turmoil for the heck of it. The legitimate issue was the management company, which was not great. The board at the time also wasn't knocking things out of the ball park - but they weren't doing much that was terribly wrong either. The lights were on, water came out of the faucets, trash got picked up, the landscape and snow removal crews did a good job, bills got paid, and tax returns were filed.

The driving force behind much of this, I suspect, was a small group of what I've referred to as "vocational dissidents". They disagree with the board for the sake of disagreement. I'd dealt with them when I served on the board several years earlier, and I knew how to manage them. The board in 2023 did not - and so this group was jerking them around and distracting them from their jobs. No wonder they weren't totally on top of things.

In short, 2023 board could have done a better job. But an inexperienced board could do worse - which happened.

The community got itself organized and several months later held a special meeting to try to elect a new board. Great turnout, eight people threw their names into the ring, and we ended up electing three members of the activist group. One was a dictatorial bully, one was a former board member, and the third was an inexperienced person who actually had the right temperament for being a successful board member. Drama ensued.

After a few months, the first two fell out and the bully ousted the former board member. Bully refused to appoint someone to the open position. Also made some very dumb decisions (and I won't get into details about that). And then resigned after six months on the job (when details about some of the decisions were starting to surface). Fortunately prior to the resignation, we'd had another annual meeting, and a third board member was elected who had - OMG - real skills!

So we had a functioning two-person board. They approached me and another owner to fill the open position. I suggested that they appoint the other person and name me as a non-voting officer whose main function was providing the information I'd accumulated over many years of living in the community and serving on condo association boards. This worked well. The person who was elected in 2023 ended up stepping down for personal reasons, and I agreed to fill the open position. So here we are: what appears to be a stable three-person board, we all listen to each other, we've navigated some challenges, and we all agree to comply with the requirements of the CTA. I call that a result.

Summary, or why I think the efforts of activist groups can go astray

* Many are inexperienced.

* They can't always tell the difference between things that are normal business practices, things that should be corrected, and things that aren't really wrong. Not liking something isn't by itself a reason for change.

* Activist groups attract the vocational dissident types who tend to drive things in the wrong direction.

* Communities thrive on stability (as long as things are working more or less correctly). Being jerked around by people who want drama is counterproductive. (Our new community manager - yes, we have one! - told us we were the most chaotic transition she's had to deal with in her career. I put the blame squarely on the activist group that thrived on turmoil, continued that when they were on the board, didn't know what they were doing, and made it impossible for the inexperienced board member to learn the ropes. One of my goals has been to calm things down so that we can deal thoughtfully with the real challenges we have.)

In short, understand why the activists are doing what they're doing. Do they have legitimate concerns, and are these worth correcting? Do they have the knowledge and skills they need to change course? Or will they make new mistakes of their own that may be worse? (This is very common since so much of board service is on-the-job training.) Or is the group being driven by some trouble makers who enjoy turmoil and who will bring that onto the board - which suggests maybe slowing down and taking a hard look at what they're actually saying?
KerryL1 (California)
Posts: 14,550
Posted:
Really happy that you & your Board are putting things back together, Cathy.

With 14 years of diligent and active Board service and attending Board meetings every month, my observation is "inexperience," as Cathy notes. But here, the new directors just don't want to be bothered learning our governing document of our complicated HOA. Or our similarly complicated state statutes. They've mainly been educated beyond 4 years of college and held "important" positions.

They've felt they're so smart they can "figure things out" based on their previous endeavors. Most have been youngish retirees. Over these years, we haven't really had any "vocational dissidents."* Oh, we've had small gaggles of complainers from time to time.

Our small group of activists years ago met regularly a few months before the Board election and worked very hard meeting & learning out Bylaws inside & out. Luckily, we had an owner who not only was part of a family property manager of company of commercial HOA-type complexes, had other skills useful for HOAs (construction manager, architect). Our beef was the Board insisted our twin High rises had no construction defects and we knew it did. We, guided & prompted by Lucy, worried that the statutes of limitations would run out if the Board didn't take action.

We got our foot in the door with a board minority-- 3 to 4, but one of the 4 sometimes voted with us. We were able to boss the bad guys into better compliance w its the open meeting act. In one year we elected a Board majority and started our search for a construction defect law firm, ec. The 2nd piece of luck was one of our group had been on an HOA Board of a typical SFH HOA. "Tom" knew how to conduct meeting from that and from his previous position as a high administrator with LA city Schools & held a masters of public administration degree. He willing to earn more about HOAs' laws, etc. and saved for 3 years.

I bring him up b/c of Cathy's use of the word "calm." Our most recent president for the past two years also holds an MBA and held meetings in high ranking positions in the County. He too is similarly "calm."

The time of turmoil in my HOA was caused by the Board itself, which deeply divided the Community. There was an abusive president and one director. The others just sat & were silent. They basically are voted out after a strong campaign by a group of us and their own skill at sabotaging themselves.

* In the US, periods & commas go inside quote marks.
KerryL1 (California)
Posts: 14,550
Posted:
So.....from what've I've seen in my HOA, served with over 30 directors over 14 years, had about a dozen HOA presidents, and attended Board meetings religiously for 5 years, I've seen the "front stage": What meeting-attending owners see. Or, if any bother, what they read in the meeting minutes.

I entirely agree with Cathy that such ownrs know nothing about HOA governance, which relies on the HOA's governing documents and state statutes.

It really only takes one or two directors, imo, including a knowledgeable, calm, president or "influencer" to foster and build an effective productive Board. If I had my way, every year the Board would meet with their HOA attorney or Prop. mgr. team of some sort for at least a 1/2 day seminar which would include a lot about Board meetings.

I want to add that our 3rd most effective president in 20+ years was a 2--year marine sergeant and then a 20-year police sergeant in a local community. While he didn't learn a lot about the docs & state statute, he was an excellent fiir and calm presider and he took the advice from a couple of us experienced directors. I'd say delegation -- with the BoArd agreeing-- was his other strength.

DeanJ
Posts: 1,786
Posted:
I am a believer the HOAs reap what they sow.

If boards keep assessments artificially low, the reap owners who move into the community because it is economical for them.
If boards fail to enforce rules until things become unbearable, they reap owners who are accustomed to doing what ever they want.
If a board ignores the CC&Rs, they reap owners who see no need to follow them.
If board”s allow the bomb throwers to disrupt the meetings, they encourage them.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KerryL1 on 11/23/2024 5:02 PM
... snip ,,,,

* In the US, periods & commas go inside quote marks.

Totally off-topic:

That is what we were taught in school. However, I've decided that this is illogical. To me, it matters whether the punctuation is attached to the part inside the quotation marks or if it's attached to the entire sentence.

Assuming we're dealing with a quotation that's contained in but doesn't make up the entirety of a sentence, if the punctuation belongs to the quoted part, then it should go inside the quotes. If it belongs to the entire sentence, it should go outside. That's how it should be and that's how I do it.

I'm not sure if this is an example of being a rule-breaker as described in the Forbes article Sheila shared with us. But I'm going with that...

(Why yes, I did spend years writing computer code! How can you tell? A misplaced comma can completely change how a program works, as I discovered when trying to figure out why a program worked perfectly in debug mode but produced the wrong result otherwise.)

(I'm also still salty about losing the double spaces at the end of each sentence when we moved from manual typesetting to computer-generated type. So I put them in even though they mostly get stripped out. Because I'm such a little rebel...)
TerriS6 (California)
Posts: 3,284
Posted:
CathyA3 wrote "After a few months, the first two fell out and the bully ousted the former board member. Bully refused to appoint someone to the open position. Also made some very dumb decisions (and I won't get into details about that). And then resigned after six months on the job (when details about some of the decisions were starting to surface). Fortunately prior to the resignation, we'd had another annual meeting, and a third board member was elected who had - OMG - real skills! "

Cathy, our association would benefit from a resignation "when details about some of the decisions" surfaced. I'm glad to know it's possible. How did the details surface? Was it word of mouth? Newsletter? Comments at meetings?
KerryL1 (California)
Posts: 14,550
Posted:


My errors above: a former president in my HOA had been a US Marine sergent for 20 years, not 2. Along with my year of Board service, I attended monthly board meeting for 5 years, missing only maybe 5. He'd be maybe a tie with our 4th best a 20-ydear Air Foce member, then re'd some kind of masters degree in Organizational Studies, and 20 year with a national Ins. Co. training an humans resources dept.

We've had 7 certified full-time onsite community managers over 18 years. Two of them have been very good at "training" directors even correcting them at open meetings, when they didn't comply with the open meeting Act here. The last three, tho' since about 2017, have been weaker and our current one--our 8th- isn't even certified.

Point is an experienced and knowledgeable PM cn very much help a Board get organized, competent, etc.

Illogical to me, too, Cathy. And I placed them outside quotes for years in early adulthood. But inside is what we see daily in news stories, books, "scholarly works," etc., etc., in the USA. There was a period in my work life when I read a lot of British things where periods & commas are outside quote marks.

Fun to see that you are indeed a rulebreaker!

\
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TerriS6 on 11/24/2024 7:12 AM
... snip ...
Cathy, our association would benefit from a resignation "when details about some of the decisions" surfaced. I'm glad to know it's possible. How did the details surface? Was it word of mouth? Newsletter? Comments at meetings?

New board members figured it out.

Our annual meeting occurred right around the same time that the new manager came on board. We elected someone with financial skills who started to dig into things and said "oh, this looks bad". New manager got involved, said "oh, this looks bad". Next thing we know, the president resigns. The remaining board members appointed a replacement director and me as a non-voting officer. We met, agreed that there were red flags a-flyin', and the board got our attorney involved. Attorney was able to get us out of trouble without too much damage.

The membership doesn't know all the details, although someone with financial skills could do a records request and maybe figure out some of it. The real details were privileged communications with the attorney, since it's theoretically possible some of this could re-surface. Probably not, but you never know. I don't even know everything since I was only an officer at the time of the discussions, although the attorney summarized them before our recent special meeting since I'm now on the board and need to know.

Throwing the ex-President under the bus would accomplish little besides stirring up anger. This was a case of ignorance and over-confidence, not deliberate misbehavior. Ex-president did not benefit personally, to the best of my knowledge.

(The extent to which our former management company was involved is an open question. Circumstantial evidence suggests that they were and did benefit. But we have no proof. We're very glad that they're gone.)

It's ironic that ex-president and the other board members who were involved in this mess were part of the group that was loudly criticizing the previous board members and pretty much bullied them out. It's why I've commented that activist groups who find themselves in power often end up doing worse things than the folks they forced out. In this case, it was much worse - and it cost us some real bucks to unwind their handiwork.
TerriS6 (California)
Posts: 3,284
Posted:
Thank you. This is what I am aiming for - that the other board members wise up. First step - access to finances and board approval of invoices.
GregoryT1
Posts: 315
Posted:
Thanks Cathy for taking the time to post. It's these real life experiences that myself and I hope others can learn from.

Also everyone else who contributed much thanks also.

Some of my internal cliff notes are the following

1. Knowledge or lack of knowledge of the docs could be a cause of a lot of issues. Actually ignorance on many things.

2. Managing the dissidents.

3. Calm leadership

4. Love the reap what they sow.

As a side note to Cathy the board of 2023 did not manage the dissidents. Your prior crew were able to. Dynamics change from board to board but what did the 2023 board do or not do in terms of techniques in dealing with the dissidents?

Thanks again.

ReneeL4 (Florida)
Posts: 6
Posted:
Our community has some very opinionated vocals - they are there every meeting putting their two cents in. Which is fine. But it can get disruptive & cause the meetings to be sidetracked. To overcome this, we open the meetings & the very first thing we do is allow any owner to have to 2-minute say. After that we do old business, then new business. Most of the time a Board Member will deal with the owners' comments should they fall under a business topic that is listed on the agenda. If it's not listed, then I usually ask them to stay afterwards, or make an appointment to discuss the issue. These actions have made the Board Meetings run much smoother. than they used to.

Good luck with your community.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By GregoryT1 on 11/24/2024 12:23 PM
... snip ...
As a side note to Cathy the board of 2023 did not manage the dissidents. Your prior crew were able to. Dynamics change from board to board but what did the 2023 board do or not do in terms of techniques in dealing with the dissidents?

Thanks again.


When I talk about "vocational dissidents", I'm referring to people who disagree with the board for the sake of disagreeing. They typically thrive on conflict and get an emotional charge out of it. This is different from homeowners who are upset about specific issues (even if they are not correct about what they think they're seeing). The latter group's disagreements have substance. For the "dissidents", the conflict itself is the substance.

You can talk to the second group - maybe correct their thinking or just agree to disagree about something.

For the dissidents, you communicate differently because you want to remove the emotional benefit they get from provoking a reaction. This is what the 2023 board didn't understand. I call it "brief, bland, boring". We aim for the dullest, most boring conversations in the history of mankind. We don't respond to verbal complaints, only written ones. We don't discuss association issues outside of official communication channels. It's too easy for a board member to say the wrong thing if they're talking off the cuff (*). Once the board has responded to a particular issue, we don't address it again. (Vocational dissidents refuse to take "no" for an answer, so expect to see something come up again if they don't like the answer they received.) We say "thank you for your comments" a lot.

This approach can take a while to get the hang of. It's also important to be consistent. If you do things right four times in a row and you lose your cool the fifth time, you've taught the dissident that he has to provoke you five times to get the reaction he wants. You also have to maintain this style of communication even after things settle down. The dissident hasn't changed - he's only learned that he's not going to get what he wants out of you. If you relax and give him an opening, he will take it and you're back to square one.

The dissidents love to derail board meetings. Things like Zoom have been a godsend for boards that are worried about controlling meetings since the person who's running the meeting can mute non-speakers.

Also Google "gray rock" - it's essentially the same as "brief, bland, boring".

(* This is actually an issue no matter who a board member is talking with. One board member does not speak for the board, not even the president. And no matter how many times the board member says that something is only their opinion and the rest of the board may disagree, a homeowner will hear "the board says" and make decisions based on it. It can lead to disagreements - especially, for example, if the homeowner decides that the board has verbally approved an expensive modification that violates architectural standards. If a neighbor stops me while I'm outside and wants to bend my ear about something, I say that it sounds like something the board should talk about, please write it up and email it to our manager so that we can put it on the agenda for our next board meeting. One of the benefits of being in an open meeting state is that homeowners get used to nothing happening between board meetings.)
KerryL1 (California)
Posts: 14,550
Posted:
Nice contribution by Renee. Our Bord does something similar at our required open Board meetings.

There also is handout on the back of the agenda about Owner Conduct during board meetings and our Cali-required open forum ( Our Board provides two). The handout was crafted and approved by the Board a few years ago when a gaggle of three constantly buzzed among themselves during open Board meetings. I'veposted it before and will again if any requests.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
People complaining but not lifting a finger is very common.

running things democratically actually gets the complainers to stop making a fuss. You simply tell them 60% of the people voted to not spend $300 on a volleyball net for the park or soccer goals, or additional mowing or anything else. A former board member wanted to spend over $10,000 on stuff and I just put it all on a ballot, every single thing she wanted was voted down. Told her having a meeting to discuss her agenda was pointless unless she will get quotes from vendors, didnt' listen and it turned out to be a total waste of time.

She also claimed for 3 meetings in a row to want more board members, and not just a couple board members deciding stuff, but yet she voted to not pass bylaw amendments to allow that.

Hypocrites on FB that said the HOA needed to spend more money on park land scaping voted privately to not increase the landscaping budget.

Democracy brings out the truth, wish more HOA's used it.

vis ta vie

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