Board Member Breaking Rules

Started by DeniseC1 • 9 replies • 2355 views

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DeniseC1 (Pennsylvania)
Posts: 25

Posted:

I live in Pennsylvania. There seems to be a different set of rules for Board Members and the Common People in our association. Our Vice-President has been driving his vehicles on common ground when our rules clearly state that he is in violation. The first time I saw his vehicle on the commond ground, I took a picture and submitted it to the board. I was informed that he gets a warning. Just recently, he had a very large pick up truck deliver wood to the back of his residence; also by gaining access via common ground. I took a picture of that too. The Vice-President called me a "f____ bitch". Our bylaws state that if board members are breaking the rules, their voting priviledges will be suspended. We have a board meeting this upcoming Wed. At all of the board meetings I've attended, the board members seem to just make up the rules as they go along to accommodate themselves. I'm anticipating there will be no action taken against the Vice-President and he will be permitted to vote as I've witnessed many times in the past. My question is...what right do I have at the next meeting to enforce a fine (I asked the Property Manager about a "schedule of fines" and was informed they don't have one, that is not public information). Does that mean they can just "fine at will" depending on the status of the individual Board Member versus Common People? and what rights do I have to know what action is taken against this board member (the Property Manager has informed me that I don't have that right, it is not public information, all discussions regarding violations of homeowners are held in a closed meeting by the board members).

BrianB (California)
Posts: 2,820

Posted:

if you are a homeowner in the association, you are not "public". you are a shareholder in the corporation that is your HOA. So, you have absolute right to see all the information you requested.

I am a member of the general public. YOU are a homeowner, with right to vote in general elections, used of common areas, etc. Since i don't pay dues, am not subject to the codes, etc., I am in the public, and have no rights to view how your business is run.

YOu need to slap these people with reality. THey are required to follow the same rules you are. You are all members of the HOA, and with the exception of legal actions and personnel issues, all matters of the way the association is run are open to YOU, a dues paying member/owner/shareholder. You have a right to minutes, to see the fee structure, to view the budget, to see the financial reports, even examine the checkbook. After all, they are playing with YOUR money.

DeniseC1 (Pennsylvania)
Posts: 25

Posted:

This is the exact quote from an email received from the Property Manager..."As far as violations/fines, this information is not part of the ‘public record’ if you will. However, you are welcome to review any of the financial statements for the association. Any violations that have been paid will be reflected in the income portion. Any that have NOT been paid are in litigation.

Also, as far as voting rights, I brought this to the attention of the Property Manager. I was told I only having voting rights to amend the bylaws not board member votes. Our original bylaws from 1993 (also investigated at the court house) are still in place and have not been legally documented. The board members insist on dictating rules by mailing a "Rules and Regulations Handbook" to the homeowners. I also questioned this practice and was told the Board has every right to "define the rules". I don't know what to believe anymore.

What do I do if the board flat out refuses to allow me to vote and to inspect documentation?

GeraldT4
Posts: 1,022

Posted:

DeniseC1 - You are not a Board member, you can't vote as one. You can vote as an owner. The distinction is that the Board is elected by the owners to act on their behalf and manage/govern the day to day responsibilities of running the association. Or a person could be elected by the Board to fill a vacancy in a Board seat that may occur (depends if your gov. docs. allow the Board members to fill a vacancy seat). You do have the right to view financial statements, minutes, but probably would have to provide a very good reason to view the information on who has been issued a fine especially if it's in litigation.

Doesn't sound like you will find any Board member info on fines issued to them.

As for the Pres. riding on common ground I assume you mean a grassy area the association maintains. My concern would be that the Pres. is causing damage to the grass/landscape that everyone's maintenance fees pay to keep up. That is wrong and there is the violation of which the Pres. should pay for entirely.

BrianB (California)
Posts: 2,820

Posted:

gerald is correct, you do not have a vote on board decisions (the business of the HOA), but you do have a vote in annual elections, special votes to owners, etc..

I think you have every right to see the SCHEDULE of fines and fees. I do not feel a good board would gain anything by hiding the fine structure from owners. it should be out there in view. You do have a right to sit on board meetings, but not necessarily participate/voice/vote: the meeting should be open to you as an owner to observe. the right to speak and participate is slightly different, and has myriad rules.

You might check the by-laws for obscure regulations regarding board membership and rule breaking: my old board had an automatic disqualification of board membership if the owner was late in payment on his dues. Perhaps you have a rule about being in violation of CC&R's, etc. in yours.

DeniseC1 (Pennsylvania)
Posts: 25

Posted:

The bylaws state "The Board of Directors shall have the power to: Suspend the voting rights and right to use the recreational facilities of any member during any period in which such member shall be in default in the payment of any assessment levied by the Association, or for any infraction of published rules and regulations during the continuation of any such infraction.

There are no specifics regarding Board Members violating the rules. I'm aware the Board Members are all good friends with one another. I suspect favoritism among the Board Members' complaints (as the Board Members' complaints are immediately addressed by issuing letters of action and threats of fines). When us "non-Board Members" file complaints there's words like "doctrine of laches" and "grandfathering" use to accommodate their violations). It's all sooooooo frustrating and unjust.

JamesC (Maryland)
Posts: 282

Posted:

DeniseC1

I could not agree with BrianB from Arizona, more.
When you bought your property, you became an "equal member" in the HOA with the same responsibilities and duties as every other member, including your neighbors who are serving on the board.
The board members are homeowners just like yourself, who pay the same amount of assesements as you. Where are the guidelines in your covenants that say "if you are a board member it no longer makes you a common person", and where in your covenants does it say "if you are NOT a board member, you are a common person"?
Brian, is right, you need to slap these people around a little to wake them up.

Jim

DeniseC1 (Pennsylvania)
Posts: 25

Posted:

Thanks to all of you for responding. I really wish I could slap them around; maybe not literally. I do know that I am giving them a run for their money. The neighborhood seems afraid of the board. We're lucky to see a handful of homeowners show at the meetings. I could be wrong, but I don't believe anyone has ever challenged their decisions before this. Can anyone please tell me what my next step could be if they continue to hold themselves exempt from the rules and impose fines on "nonboard members".

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DeniseC1:
I admire your energy and enthusiasm in an effort to make inroads within your Association. However, using a "strong arm" approach and developing a reputation with the now-Vice President is not necessarily the best way to go about it.

Yes, I agree that Board members are just like you--the resident of a community association, and should not be given any preferential treatment for violations.
You stated a handbook has been distributed to residents. What is listed in the handbook? Does it reiterate what is stated in your association's CC&Rs? Does it contain the fine schedule and the process the Board will use (again confirming from the CC&Rs) prior to the actual fine being levied? Does it present the Property Mgr.'s role as contact for residents' questions and concerns?

You have posted two statements which concern me: 1)"the board members seem to just make up the rules as they go along to accommodate themselves"; and,
2) "I asked the Property Manager about a "schedule of fines" and was informed they don't have one, that is not public information." Both these statements, if taken verbatim, are matters for investigation. Board members can ONLY govern according to restrictions and allowances as stated in the official documents, of which you should have a copy. If they have created Rules & Regulations (for which the documents do or do not give authority), then they must follow the dictates of the docs. The investigation is where you come in. You must read, study, digest and investigate your documents. Also, get a copy of the State Regulations/Guidelines for Community Associations.

I can suggest a way to treat your concerns re violations/fining: 1) Contact the Prop. Mgr. to ask where the fine schedule (if there is one???) is made available. Quote from the documents re violations and fines, the process the documents dictate, and ask if "Violations and Fine Schedule" can be added to the Agenda for the next meeting. As a resident you and others have questions on the violations, and in your desire to be compliant and adhere to the restrictions AS WRITTEN you would like this to be a topic of presentation. I would submit this as a written request with the courtesy of a reply.

As far as your statement about the President being in 'violation' because he had a delivery truck drive over the common area to his back yard....
I understand the rules may state no vehicle can drive on common ground---(???)however, how else would YOU have a delivery truck deliver wood or some other heavy equipment to the rear of YOUR unit? Some associations state "No Parking" on the street. In the case of an owner giving a party whereby there will be too many vehicles for the 'overflow parking area', guess where they will park? You have to allow some common sense to prevail in certain situations. And know that you too, one day, may require consideration for a special situation. Always, let common sense be the defining factor.

What about running for a Committee position or a Board position? In this way you will be able to use your energy in a positive way for the overall good of the community. You will have studied the documents, known the content inside and out, and will be able to contribute your ideas for the betterment of all. Think about it....good luck!

DeniseC1 (Pennsylvania)
Posts: 25

Posted:

Thanks for your response. I appreciate all you have to offer, but as far as "strong arming", I don't believe that's the case. All I did was take a photo which was suggested in an Association Meeting. He, along with the President are the ones who have developed the "reputation". They don't appreciate me exposing their violations. I don't believe any of the other homeowners have ever had the courage to do this.

As far as CC&Rs...the only documentation I have is the amended bylaws (dated 1992) and the Amended Trust Deed (dated 1992). I'm pretty green, so I'm not sure what the CC&Rs are.

The regulation book has adopted rules that conflict with the bylaws, i.e, commercial vehicles are no longer allowed, fences must be 6' instead of 4', what time you're allowed to put out your trash and what time you have to bring it in, garage sales are no longer permitted, etc.

The only fines the PM is making public is the late fee. There is no schedule of fines documented and if it is documented, only the board members have access to view. The fining system is as follows in short: the violation will be investigated to determine if a violation has occured, the homeowner will receive a warning letter and directive to correct the violation, if, after a reasonable amount of time, the violation remains, the BOD may determine to assess a fine or seek other remedies as allowed by the governing documents and/or PA Association Law (which I've researched the internet and find minimal information on PA), continued violation may result in additional fines assessed, or the BOD may correct the violation and assess the owner for the cost, the homeowner may appeal with 10 days, the decision of the board is final, all fines are subject to collection activity, including litigation, the homeowner is responsible for all legal fees and costs. Where can I get a copy of the State Regulations/Guidelines for CAs?

Let me quote from the Handbook 1) Each homowner will be responsible for any damage, destruction, injury or defacement to commonly-owned property 2) parking or driving of any vehicle on lawns and/or tended grounds of the property is strictly prohibited 3) Loading and unloading of moving vans, delivery vans, trucks or cars is restricted to the homeowner's driveway and the overflow parking areas only, the homeowner shall pay all costs to repair any damages to common areas. How would I have a delivery truck deliver wood? As I've done in the past, and mind you I am 5'2" 115 lbs., I've had the wood dumped in my driveway and have wheelbarrowed it to the back of my house, that's how! In the case of an owner having a party, as I've done, get a parking permit from the township. Yes, I agree certain situations prevail, but special permission should first be approved by the BOD.

I've tried to use my energy in a positive way and all suggestions have been denied, i.e., erect a decorative sign at the entrance way to our development naming our community, plant some pretty flowers to the entranceway, etc. The board has denied any suggestions because they don't want to raise the monthly fee. Our association fees are only $70/month. I've welcomed raising the fee, but the board refuses. Our community is approx. 75% renters and I feel that's where the problem lies. Honestly, if you saw this place trash, junk cars, etc. Can you send pictures on this site? I'd love to show you.

Anymore thoughts from you would be greatly appreciated, thank you.

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