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JaneK (California)
Posts: 175
Posted:
I’ve been reading IreneC’s posts. This is probably not the first post on this subject and I’m sure it won’t be the last.

Being the minority on a petty, vindictive, narrow-minded board is not easy. It can make you crazy. I have often thought, “What can I do or say to change their minds? What would change my mind in a similar situation?” Besides getting a large majority of owners out to protest the board’s actions, I’ve come up blank. Apathy, as usual, reigns supreme and the small group of owners trying to change things is ignored.

The directors will not talk to or listen to homeowners regarding anything, requiring all communications go thru the management company. Management does not always pass all communications to the board. (Because they won’t listen to homeowners, they are not aware of this and won’t believe it.) I can understand requests for maintenance or reports of leaking pipes, etc. going to management; they are better prepared to deal with these issues, but opinions and thoughts? Board members should be open to discussing issues with homeowners. It’s as though the homeowners are second-class citizens sent like servants to the back door of the mansion.

The board claims that talking to the homeowners is not right and that it will get them sued. Huh? As long as a decision is not made independently of the rest of the board, such as telling an owner that an architectural change or similar is or isn’t OK, or disclosing confidential information, what is wrong with soliciting opinions? Finding out what homeowners are thinking about things? Even something as simple as, “What color would you like the clubhouse painted?” They should listen. I feel board members need to know the thoughts of those they represent so that they can make the best decisions for all. Often it is difficult for many to get to meetings, they work full-time and commute long distances.

I believe that the board honestly feels they are doing what is best for our community. But many of the things they have done could easily get us sued; selective enforcement, nasty, threatening letters and fines for trivial or non-existent violations, actual harassment of owners, conflicts of interest with contractors, disregarding laws, ignoring and/or misquoting the CC&Rs as well as being incredibly rude and disrespectful to homeowners. They will not believe people have moved solely due their decisions and actions. When the market improves, I suspect there will be many, many for-sale signs out, mine included.

The board is suspicious of and ignores the small group of owners trying to convince the board they need to listen and pay attention to homeowners’ thoughts and opinions.

Does anyone have some ideas how to turn this situation around before there’s a lawsuit?

Jane
IreneC (North Carolina)
Posts: 111
Posted:
Jane, I pray that your PIA board member or members hit possible foreclosure.. or a quick sale.. lol. I feel your pain and frustration.

The ONLY way to change the boards mind set is to change the board. I did alot of campaigning for the seat that I have on our HOA. Our current president was voted on for term #8.. yes that is right 8 but only got on by 1 vote, one of the other people who was the majority previously didn't make it this time and the king pin of our Board who just put his unit u.. what all this is trying to say is.. THE HOMEOWNERS ARE THE ONE'S WITH THE POWER NOT THE BOARD. If things are so corrupt.. make it public, knock on doors and get them ousted. Our docs require 51% of the homeowners to vote any board member out of thier position. Read your docs.. and get knocking.

AnnaD2 (Florida)
Posts: 960
Posted:
Jane, Don't you have an Annual Member's Meeting? If so then THAT is the time for everyone to get together and voice their opinions, wishes and feelings for what they'd like for their community.

Trust me, I feel your pain, as I've been on both sides of the fence. It's horrible being a homeowner and being ignored. It's also just as bad being on the board and having homeowners "approaching" us 24/7; while we are members, too, and should expect the same peace and privacy in our own homes. We are volunteers and it's a thankless job.

Again, not sure how it is in California, but in Florida people can call a Special Member's Meeting at any time to discuss things. The few times that has happened EVERY board member showed up to hear what the members had to say.
JaneK (California)
Posts: 175
Posted:
It's been very difficult getting people to meetings. Any meeting, especially when CA CC 1363.05(f) regarding notice of meetings is being ignored. The annual members meeting and election had exactly two homeowners show. A small group of neighbors has been working to replace board members, one board member at a time, there have been associations that have had recalls and ended up far worse. The situation here is so bad, management so rude, that one of 'the good guys' couldn't take it anymore and resigned before he started beating his wife. The power is in the hands of the homeowners and they won’t take it. There is an attitude if they leave me alone, I don’t wanna git involved.

We’re a relatively small community and I doubt anyone would be disturbed 24/7, although I imagine it could happen in larger communities. Set ground rules, no calls after 9:00 PM, use email if you have it. I have to agree, it is a thankless job. The problems I had while on the board were from the other board members and their weird mind-set, not the homeowners.

I admit I’m tired of it. No one will come to a meeting or contact the board or management regarding these issues. Maybe I'll just wait for the lawsuit to get their attention, it's been threatened more than once. Wish I could just move like many others.

I’m spending more time now keeping up with CA legislation, the “wonderful” (said with plenty of sarcasm) California Law Revision Committee, and writing letters. So while we’re at it, write your CA reps and object to CA AB 1921, the useless rewrite of the flawed Davis-Stirling Act.

Thanks,
Jane
AnnaD2 (Florida)
Posts: 960
Posted:
We're also a small community. Only 46 units (condos), and yes, our "malcontents" are also former board members; all people who used and abused their "power". It's always a struggle. They're always trying to get me to quit. Even though I'm the ONLY Board Member who "discovered" and "regained" "missapropriated" funds from past board members. I've also lowered the maintenance fees---while maintaining services.

I get so tired. I work four days a weekk---full time. Yet I get up FIVE HOURS before I go to my "paid" job; just to work on the association business. As soon as I get home I'm right back on the job HERE.
SusanW1 (Michigan)
Posts: 5,202
Posted:
If you can visualize a pyramid: the Homeowners should be at the bottom, as the widest base, the next level is committees (with both Board and HO members comprising the committees); then the last level, the Board, makes up the last level.

The flow of ideas and input should come from the bottom level, the largest. These views and comments from the homeowners feed the next level: the committees. The committees then feed the Board and the Board makes the final decision about the issue.

It's too bad when homeowners feel that they have to talk directly to Board members to get any action. There should be "buffers and clarifiers" inbetween the board and the homeowners.

Encourage strong committee structures in your HOA. Getting more people involved at the committee levels will be the way to bring ideas to the Board for final approval, especially those decisions like what color to paint the clubhouse or if there should be speed bumps on the roads.
EllenS1 (Florida)
Posts: 1,148
Posted:
Jane,

If you docs are like ours (I'm in Florida too) alll owners can attend board meetings and after the agenda is complete are each allowed three minutes to speak of their concerns. When I first moved here most owners thought they were not "permitted" to attend these meetings. Naturally they can also go to the management company to see past minutes, etc.

It might be eye-opening for the board to be aware that they must act in the open.
JaneK (California)
Posts: 175
Posted:
‘"buffers and clarifiers" inbetween the board and the homeowners.’

Susan, I have to disagree with you on that one. Remember in grade school, the teacher would whisper something to one student and that student whisper it to another and so on… remember how it ended? Once it’s filtered through management it is gobbledygook. But you are right about ideas and input coming from homeowners.

Form committees?!?!? Get them to a meeting?!?!? Surely you jest!

Anna, you are to be admired, but look out, it may get to you like it did our board member who resigned. They are not former, they are current board members, still using and abusing. One person cannot stop them.

As I said, I think I’ll just wait for the lawsuit.

Jane
SidneyP (Florida)
Posts: 302
Posted:
BRAVO! Jane...I couldn't have said it better myself. The Board we have had for the last two years (the President three) is exactly like yours. They will not talk to the HO's, no newsletter, no committees, they want to rule and as you stated HO's just sit back and do nothing. Of course most know nothing and as long as nothing directly bothers them, they are silent....The problem is it does involve them or will when the law suit comes and I just may be the one to do it.

The common area has never been taken care of, except mowing, mowing weeds which have taken over the grass...We are a very small community and have a small budget ($62,900) but we also have no amenites, just the basics, lawn,utilities, termite, insurance, a small lake, etc.
The money is always short, it runs out before each semi assessment period.

This Board has taken from the Reserves, not funded the Reserves in over a year ($9000. budgeted for), all this done w/o HO's being told anything about this. Never forming a collection policy (14-$15,000.) delinquents, some over two years, never formed a violations policy. Changes lawn service (6/7 in three years) and MC's (3 in 3 years)All costing the HO's more money than budgeted.

I was just elected to the treasurer position and I was requesting some files. All the financials and the W-9's, 1099's and the 1096. I was told by the MC there was none. This means they hadn't filed the income we paid our service people. I would think this was a very important thing to do, this is the Federal goverment. The MC had also filed our taxes late.

"One person can't stop them", I have said this so many times but HO's just won't come forward and help get rid of this Board. Like you, when the law suit comes, this should perk them up.
JonD1
Posts: 2,350
Posted:
This topic is quite interesting. I would suspect that every property has a different story. I am sure there are Boards that abuse there power, make deals not serving their properties and do not act in the best interest of the properties. I am also sure that some Board's do their best to maintain and improve their properties and even though there are always some small group that remains unhappy. Sometimes former Board members who lost their positions, some wanna-be Board members who can't seem to find the votes to win a Board position.

I would suspect some of the Boards acting badly are due to lack of knowledge, or an inability to handle the job of a Board while others are just dishonest self serving individuals. You can't understand the actual amount of effort required to do the work necessary to maintain a property useless you have a) held a Board position and b) actually become involved in working on the Board. Many Board members show up at the monthly meeting under the impression that this is all that is required. Hardly.

I myself have served on our Board for 20+ years. Secretary, Board member, Treasurer and now President for the last 5 years. In our case we have a collection of former Board members, and disgruntled unit owners who will never be satisified unless they can question and discredit the decisions and actions of the Board.

The former President was voted out of office when she missed more meetings then made. Seeking re-election she recieved 6 votes out of more then 130. But today she constantly questions each and every decision the Board makes regarding a budget which today exceeds $300,000 per year. This same woman was on the verge of filing for bankrupcy protection but now claims SHE can oversee the operation of our property.Funny how she can't handle her own finances but now suggests she can handle the property's.

Over the last 5 years property values have gone up 50%. The reserves have been increased by more then 5 times. We have spent more then $200,000 on projects to improve the property. And the unit values in this down market have reached all time highs. But some still can find problems.

One resident complained as to the cost of an electric repair done to restore service to one of our buildings. She thought all the unit owners should be asked if spending this money was ok before the work was done and while people were without electric! We have 130+ unit owners all over the country and she thought mailing out a request for approval was the way to go. How do you discuss serious issues when some people can't find their way to the simpliest of answers? Perhaps this might lead to Board members not being willing to waste more time discussing issues which clearly some people can't comprehend.

The vast majority of unit owners understand the function of the Board. In our case it is a small group that wishes to question the actions of the Board not in any attempt to protect or imrpove the property but rather to prove their point that perhaps something is being doen wrong or incorrectly.

I would issue one word of caution to those so willing to throw out or replace their Boards. If it is the case that you yourself have never held a position on the Board your knowledge and ability of the Board's duties and efforts just might be a shock to you. Be careful what you wish for perhaps you or those who profess to have all the answers just might fall way short of your percieved abilities. You might even fall short of the abilitie of your current Board.

In my case I understand that for some no matter what you do it will never be enough. Their goal is to find fault and to suggest that THEY could do it better. I don't see much reason in trying to convince them otherwise. They have no desire nor ability to do so. I can use that time in a more productive manner.

JaneK (California)
Posts: 175
Posted:
This HOA is like Sidney’s, the HOs won’t do anything unless it affects them directly. But as he says, it does affect them. In addition to the lawsuit, there will be no support for the person(s) singled out for violations and fines and they will be fighting the board and management alone. At least our common areas are cared for, but our reserves are way behind.

I have been on the board for years and may be again soon. Actually, I really don’t want to, I spent most of my time trying to convince the others they were about to get us sued to no avail, in addition to the contracts, insurance, reserves, budget, etc. that boards must deal with. I value my sanity. I have done a little better on the outside trying to get homeowners involved. It would help if at least a few would come to meetings and voice support for the board member(s) that are “on their side.” It can get really lonely and, as I said before, make you crazy. But they don’t, not until it affects them and once that is taken care of, they are back to apathy. That “small group” JonD mentions may represent a much larger group that is afraid, not willing, or not able to get involved. A few neighbors I have spoken to have felt threatened and/or intimated by the board and management.

I have to agree with the caution regarding recalling the board. I know of associations who have done this and ended up far worse. I’d like the homeowners to replace board members one or two at a time thru the regular elections. We got one in, then the other resigned due to harassment from the majority and management. Shoot, we can’t even get a quorum. So I wonder if I am just wasting my time and making myself crazy? Going to join the others who don’t care until it affects them. (Ha!)
Jane
BobT2 (California)
Posts: 43
Posted:
How sad this is but maybe it will take a lawsuit for everyone to get involved. I am in situation about parking that is clearly stated in black and white. The board just wants to enforce on me. I have fought tooth and nail to let everyone know this is wrong and the board, like many others, spent in excess of $8,000. on useless letters from their lawyers trying to make me move. We have had a ammendment vote to change the CCR to include my vehicle. The members did not pass it but the next month the board sent out a letter with proper notice and made the exact same docuement a rule because as the email states" We do not even need member approval" Since then I have $1,100.00 in fines. We have done IDR and just requested ADR but the boards attorney sent a letter stating that they will be the reps for the board. That defeats the purpose doesnt it? I also in the past week have an email from the prez and another from the sec. saying that this is all my fault that they spent all the money. All I have to do is park where they want me to and this will all go away. They only resolution I think is a legal battle. I know this will bring them into the situation but darn it they should have been involved when I asked them before. They did all write letters in my favor and I have copies for case. Some said please wait and we will just get a new board in Oct and we will wipe your slate clean but I am done and I will going to sign the paperwork with the my attorney this week to proceed with a harassment suit against all the board, which will include all members. My board refuses to stop because they say that they rule by majority rule not law. They are in for a rude awakening. Jane I hope you don't give up! You have taught me soooo much through your postings. Fight on!!! I will let keep updating as this battle continues.
JaneK (California)
Posts: 175
Posted:
Thank you Bob,
I have learned so much from those who post here. It’s an education to be sure.

I hope you succeed with your suit. Unfortunately there are those that need an expensive wake-up call. I recall posting regarding the ‘rule’ and CA CC 1357.100~ They do, in a sense, need member approval or at least members not to disapprove of the rule. If the change didn’t pass, why didn’t they listen to HOs instead of wasting time and money? That is what I’m talking about when I say board doesn’t listen to Homeowners.

Majority rule, not law???? Huh? Boy, you are right, they are in for a very rude awakening!! Oh great, I can see it now, the majority agrees to rob the store downtown…it’s still gonna land ‘em in jail.

I don’t know about the lawyer representing the board in ADR. It’s gonna cost them. Lemme know what you find out. Keep us posted on this. You can contact me at [email protected] if you want.

Yeah, I’ll probably stay involved, it’s my home at stake.
Jane

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