Another landscape question!

Started by KarenS11 • 17 replies • 1389 views

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KarenS11 (Florida)
Posts: 148

Posted:

We are a townhome community and the association is responsible for maintaining the lawn. We have had three residents requesting what would amount to a few pieces of sod in areas that have become bare. One has requested it for more than a year. The majority of the board has "voted" against this.

My feeling is that we have nothing to vote on- it is our responsiblity to take care of it and it shouldn't require a resident begging or a vote of the board to do so.

As president, can I just order a pallet of sod and have it taken care of? We are getting into the rainy season, so this is the time to act.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I would say Absolutely - and then wonder why that even took a vote of the Board. It's a part of landscape and beautification, for sure. It also shows the residents that the Board cares about what the area looks like.

BUT - do you have an landscape line item in the budget? Is it being used? Was if overspent? Perhaps this is why the other Board members don't want to spend any more money.

Can you tell us their reason for denying the motion to repair the sod?

MicheleD (Kentucky)
Posts: 4,491

Posted:

There is most likely a "duty to maintain" clause in your CC&Rs. If the "duty to maintain" applies to the residents then how much less would it apply to the board in its stewardship of the common elements?

How much $$ are we talking about here? Imagine if it were a section of roof that were open.

AnnaD2 (Florida)
Posts: 960

Posted:

As the majority of the board has already "voted" against it, you're saying you're going to use your position as being the president to order sod? Whoa! I don't think I'd do that. You can't act on your own. Doing so would put you in a very negative light. Bring it up again at a meeting and remind the other board members that you have a duty as a board to maintain the common areas. They'll ALL be responsible that way.

KarenS11 (Florida)
Posts: 148

Posted:

They are long-time owners and don't think of this as a business.

We have 20k in reserves and a 20k lien that we will be foreclosing on this year. We have no amenities- just our entrance signs ($1200 to replace both) and a long wall- replacement value 20k. We are not over budget.

Our two entrances look terrible, one sign has deep holes of woodrot, overgrown with weeds, holes where sago palms were removed and when I brought it up late last year, one of them said that they "don't look that bad". They didn't want to vote on it, but I brought it to a vote, as I want the minutes to reflect what is going on.

Previous boards have purchased sod just for their areas....it's crazy! Our VP was insisting on a private meeting of the board and our treasurer instructed us to keep financial docs from residents- LOL..... and they do this in e-mails!

KarenS11 (Florida)
Posts: 148

Posted:

My previous post was in response to Michelle's question.

Anna- Actually, I don't think I said I was going to use my position, I believe I asked if I could.

Yesterday one of the folks mentioned that an attorney said she should get others together and file a calss action suit.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Karen - you MUST look at the annual budget for some answers. Is there a line item for landscape/beautification? Has that money been spent? WHY is this motion to repair the sign/landscape being denied by the Board?

As a Member, you do NOT have to go to court to get something done. There are a few things to do before that:

1) Tell ONE Board member that there is a ground-swell of residents who want the entrances to be spruced up. Ask that a committee be formed, you want to be on it, and it will come back to the Board with an cost estimate. Ask that ONE Board member to make a motion to create that committee at the next meeting. You can track the proceedings this way. Tell that board member that if something is not done soon, the members will take action.

or

Call a Special Meeting of the Members (procedure should be in your bylaws) with the purpose of the meeting to be actions for improving the appearance of your subdivision. At that meeting you can order the Board to come up with a plan.

MEMBERS always have more power than the Board. People forget that. The Board serves the membership, not the other way around.

KarenS11 (Florida)
Posts: 148

Posted:

Susan- I'm the president of the Board- LOL! Love your post- yes, people forget that they have the power. A saying that I love- "When the people lead, the leaders will follow."

The sign replacement was voted down because "it doesn't look that bad". I was the only yes vote. We can't spend the money that is in the budget because "we may need it for an emergency." Yeah, right- like maybe for the legal fees to defend the lawsuit when the sign falls on someone's head.

I've lived here four years and only got involved because the previous president was so bad. No one wanted to even serve on the board, let alone be president. Meetings were run without an agenda, verbal fights would break out. I was told that once an officer ran out crying...LOL!

Now we have an agenda and folks can speak when recognized, they must remain on topic and meetings begin and end on time. We have a long way to go, but folks are getting involved slowly but surely. And we just did as you suggested- a landscape committee has been formed (no one would join previously), has walked the property and is now putting together a recommendation to the board. What a relief to have the target off my back!

We have our second attempt at an annual meeting later this month (no quorum last month) and one of the board members who has been on the board about 12 times- the one who insisted on the private meeting- is leaving, as I have found two folks who have agreed to run, (we had one unfilled seat) but only if I remain as president. I don't think that anyone else wants to be pres.- shoot, I don't want it! Maybe the treasurer who wants to keep financial records private- but, really, you can get more done when not president- make motions, call for votes, etc. So either way it shakes out, I think we can maintain our course.

Wish some of you would come move in. We could really rock 'n roll!

JC3
Posts: 290

Posted:

Posted By KarenS11 on 04/05/2008 8:08 AM
you can get more done when not president- make motions, call for votes, etc. So either way it shakes out, I think we can maintain our course. div>

According to Robert's Rules,
Robert's Rules says that the "small boards and committees" set of rules, where the assembly is less than "about a dozen", do allow the chair to debate and to vote and to make motions

and,

"Is it true that the president can vote only to break a tie?
Answer:
No, it is not true that the president can vote only to break a tie. If the president is a member of the assembly, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, speak in debate and to vote on all questions. However, the impartiality required of the presiding officer of an assembly (especially a large one) precludes exercising the right to make motions or debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.

When will the chair's vote affect the result? On a vote which is not by ballot, if a majority vote is required and there is a tie, he or she may vote in the affirmative to cause the motion to prevail. If there is one more in the affirmative than in the negative, he or she can create a tie by voting in the negative to cause the motion to fail. Similarly, if a two-thirds vote is required, he or she may vote either to cause, or to block, attainment of the necessary two thirds. [RONR (10th ed.), p. 392-93; see also Table A, p.190 of RONR In Brief.]

SusanW1 (Michigan)
Posts: 5,202

Posted:

Thanks, JC for posting that. In small boards, the president can enjoy the same privileges as the other board members.

KarenS11 (Florida)
Posts: 148

Posted:

That's interesting and good to know.

When the president would make motions, etc., is the chair turned over to the VP during that time?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Here's another surprise - no second is needed in small groups, either, for motions presented in small groups.

So the president can state the motion (either his or from another member), discussion/debate takes place, and a vote is taken.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Karen, I feel your pain.

However, to be brutally frank (like I can do it any other way), the board doesn't get to decide that "it doesn't look that bad" any more than a homeowner can decide his area that is in disrepair "isn't that bad."

A "duty to maintain," is just that. It doesn't say, "a duty to maintain except when it doesn't look that bad. . . "

Wood rot and areas without grass/sod are not simply matters of aesthetics. They are in disrepair and the board has a duty to maintain them to condition that will maintain their longevity.

That is their "emergency," their fiduciary duty to the documents that REQUIRES them to fix those items.

Good luck to you! Hope it can get taken care of before it becomes so damaged, decayed, deteriorated and decrepit that it ends up costing 10 times more to repair!

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KarenS1: A few pieces of sod may not warrant a 'pallet' of sod nor its cost; however, you do have the option of spreading grass seed. Why can't the landscaper do that?

MicheleD (Kentucky)
Posts: 4,491

Posted:

I could be speaking out of turn here, but she is in Florida, and sometimes just "grass seed" doesn't do the job.

I have no idea what the areas truly look like, but dry rot, etc, indicate that there may be some serious upkeep issues.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Michelle,
Boy, did you get that right. Grass seed is not Florida friendly and sod is the only option.

EllenS1 (Florida)
Posts: 1,148

Posted:

A Board of Directors cannot decide which covenants will be enforced or which will not. Owners purchase relying on the coveants and expect them to be enforced. The Board were elected to see that the covenants are enforced. If they do otherwise they should not be on the board.

KarenS11 (Florida)
Posts: 148

Posted:

Paul-

Having grown up in Florida, there is only one kind of grass seed that I know of that will grow like a weed.... but we would be arrested if we grew it- LOL!

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