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CharlieS (Tennessee)
Posts: 21
Posted:
Hello,
I would like to think the people who have helped answer all my questions I have had, all has been excellent advice. My board has been doing things their way for two years. I have sent out email's fighting them. I have learned more about the covenants then I'll ever what to know.
I ran for a position tonight and lost with flying colors. The people of my neighborhood have spoken, I was very surpised, very. The only two current board members that ran were voted back on. I am not going to list everything they have done. As of tonight I'm an dropping my fight.
I hope the best for everyone here.
Charlie Shew
Chestnut Glen Subdivision,
Lebanon, TN
DanaB1 (Connecticut)
Posts: 319
Posted:
Tomorrow is another day Charlie. Take a break and gain your thoughts. I don't know of the problems in your complex but good luck with them, your day will come.

Dana

Never say never.
AnnaD2 (Florida)
Posts: 960
Posted:
Charlie, I know how it feels to work like crazy to let Association members know the misdeeds, laziness, bad decisions, etc., Board members make, then run for the Board and lose. It once again proves that most people really don't care how their Association is run, as long as it doesn't affect their daily lives. They continue to vote for the old standbys.

Our Association was the same. Three original Board Members who did nothing all year but show up for meetings and "assume" the management company was doing everything and "assuming" they were doing it right.

It wasn't until we insisted the Board be changed from three members to five members that we were able to get some people on the Board with a different mindset. Those three original Board members are now gone (for various reasons) and we now have a Board of five who don't always agree but are working together for the betterment of the Association.

Our annual election is in two weeks. Two of those former board members are once again running for seats on the Board. We'll see what happens. So don't give up hope. DO take a break; give yourself some rest.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Charles - Get on a Committee!

I have found that you can get more done than being on the board.

Keep being involved!!
JeanneK3 (Maryland)
Posts: 562
Posted:
Start your own community newsletter and keep giving the community the facts. They will listen eventually. Then run again.
AnnaD2 (Florida)
Posts: 960
Posted:
JeanneK gives the BEST advise here!!! Keeping people informed is the best thing you can do. Of course you'll have to do it at your own expense...since it's not Association approved. But if you truly want your neighbors to know the "going-ons" with your community attend every meeting, take notes and let everyone know what is happening. The minutes are always too vague...and need not record the "he-said, she-said" meat of the meetings.

You can't be stopped from distributing this information to your neighbors. It's called "free speech"...a right associations haven't yet been able to take away.

GOOD LUCK!
SusanW1 (Michigan)
Posts: 5,202
Posted:
If Charles wants to get ON the BOARD, then he must work his way up "the system."

If Charles wants to be a renegade, then he can strike out on his own and publish a non-sanctioned newsletter.

His choice.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan,

I think Jeanne's advice for Charles to start his own newsletter is not a smart move either. It would be non sanctioned by the Board and where would be the proof that what he puts into the newsletter would be the whole story or true? Boards do not have to give some information out at just any old time. I do have reservations to do things this way. Be proactive is a much better way to accomplish his goals. He lost his bid for a Board seat by alot--his own words so the message from the community might be something for him to consider his approach to fixing things.,
AnnaD2 (Florida)
Posts: 960
Posted:
Susan, I didn't mean to imply that YOUR advise wasn't also good. Being on a committee is also a great way to make an impact with your community. But all committee activities and advise needs to be approved by the Board. They're simply a "branch" or an "arm" of the Association. Again....whatever action the Board approves or rejects will be noted in the minutes.

A more "detailed" report by a "biased" member gives the the other members a "feel" what is happening with their community. It lets them know that other people (besides the Board) has an interest in the association.

As long as he only gives facts in his newsletter (rather than opinions) it shouldn't be a problem.
KirkW1 (Texas)
Posts: 1,665
Posted:
For what it is worth, the mayor of Dallas got her start in politics running a newsletter covering city hall. She was not appreciated by city council at all when she started. After some time she was elected to the council and now is the mayor of a major city.

The truth is that if information isn't being given out then putting out news of what is happening is a great way of becoming involved. And while there is something to be said for working within the system, you can also choose to work outside the system.

But I would encourage him to always be fair and true. Always place the neighborhood ahead of your personal agenda.

There are other places to become involved as well. For instance he could seek out to be on committees at the city level instead.
KarenP1
Posts: 41
Posted:
I too have been trying to change the way things are done in my association. Years of ignoring the covenants, illegal loans, no reserve, etc. I am beginning to make headway now. It has been 3 years. Don't give up and don't get on a bad board. I am very envolved in committee work, always read the covenants and VA law to the Board when they don't know what they are doing. Have gotten a group of owners who are now involved in challenging the board when neccessary. Do your homework be prepared at every meeting. Change takes time and is not easily accepted.
Karen
CharlesM5 (Texas)
Posts: 5
Posted:
Are there any POAs that don't have problems with the BOD. I read all these posts and say to myself, "Yep, same here," to almost everything I read. I work away from home and do not have the time to be on the board or even attend meetings most of the time, but I stay involved via email and am a constant presence. Especially, when the BOD gets cocky and tries to slam an unfair change down our throats.

I posted recently regarding a vote they had placed on our yearly ballot--out of the blue--to eliminate rentals in our subdivision. It took only two letters from me to the board--copied to everyone in the neighborhood that has email--to get them to drop the measure from the ballot. I have found that if you go on the offensive with facts and fairness as your backup, these arrogant BODs will usually back down quickly.

What I can never understand is why these ordinary people become so arrogant and brainless once they are elected to the BOD!

Hang in there Charlie!
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Charlie,

Our Membership is very happy with our BOD.

Also, let me quote GloriaM from the Almost Half thread:

Donna:

You are so right that all of the bashing of HOA's and Boards are usually from disgruntled homeowners who received a letter or that a lien was placed on their home for non-payment and got their names into the newspaper and "wham" the board, MC or HOA is doing something wrong.

Now that is not to say some boards or MC's do not do everything up to code, but that is in life everywhere. Politicians (don't get me started) churches, Pastors/Priests, goverments; any business or organization is going to have their corruption and people who abuse their power.

Being in this business since 1982; I have seen some really wonderful, fantastic boards and committees who's sole purpose is to see their neighborhood become a community of people working together for the betterment of all.

In NC alone there are probably over 14,000 communities and growing, I am not sure what the static's is of the entire USA, however I believe close to 60 million (probably more) living in an HOA. I do not believe the articles posted by George is a fair representation of the millions of people that are living in an HOA to protect their investment.

The buyer needs to be educated when purchasing their home and do the research! They are purchasing in a Deed Restrictive Community. Read the Bylaws and CCR's before purchasing. If you cannot pay the dues or live according to those rules...look somewhere else. Once you buy you are a member of the HOA and obligated to follow the rules.

Of the many communities we manage, by far there are more GREAT boards that serve with good intentions, then bad boards.

--------------------------------------------------------------------------------

Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
Author of "A Guide to Community Living"
Faith Management Services, LLC (North Carolina)
(704) 799-3791
www.FaithManagementServices.com
*See legal notice below (end of page) or go to www.hoatalk.com/legal
GordonD1 (California)
Posts: 131
Posted:
Charlie:

Don't give up. You seem to be a good caring person and your community will like that.

You probably didn't campaign when you were running for a board position. It is very
possible that the other two members contacted homeowners by door knocking, phone calls, etc.

I am sure that next year it will be one or two more positions open for the homeowners to run.

Became familiar with the homeowners. Introduce yourself to them.

Join a committee.

Attend the meetings.

Share with the homeowners in a form of a newsletter when you have concerns about
board decisions.

You are half way there. Good luck,

Gordon
KarenS11 (Florida)
Posts: 148
Posted:
Are there any among us who has not had this thought at one time or another, whether on the board or at the mercy of a board? Excellent advice given above.

IMO, you have three options- take a break until you get your mojo back and get back in the game, learn to live with it or move to a community without an HOA. Those on this forum who have felt this way have chosen option 1. Now will someone direct me to the Ishouldhavemyheadexamined website?!
LindaH9 (Michigan)
Posts: 14
Posted:
Charlie....

Hang in there. The same happened to me the first of September. We had our elections and the members voted a corrupt President back in office. He took our dues money and used for his own personal use and lied about a board meeting and the board's approval. He did not have to answer to anyone why there wasn't any minutes to the meeting and everyone seemed to believe him when I was on the board and told everyone we didn't meet. It's gets you down but I have the energy now to come back and fight him. You will too. This service helps when you feel alone. I'm going to follow the newsletter advice because our neighborhood has dropped participation at our meetings and only the President's "buddies" show up to our meetings. Good luck.

GordonD1 (California)
Posts: 131
Posted:
Linda:

Don't let this corrupt board of directors damage your community.

What they are doing is illegal. You can report this situation the the right departments. How can this be happening!

Be smart and gather information to show the community and also to turn him in.

Good luck
LindaH9 (Michigan)
Posts: 14
Posted:
Gordon

I don't know where to go. We are a non profit voluntary dues organization. He volunteered our association into a lawsuit we were not named as defendants. Why? He did not have enough money to hire a lawyer when each property owner was sued over an easement (we have in our deeds). Because he is the President and thought the association should be named in the lawsuit, he just added us. Although he won't share information with the members and some members that did not have money for an attorney are in default. But members dues are paying his personal attorney. Roberts Rule of Order states that a President can sign legal documents but at no time can he bind the society to a legal and financial contract. His excuse is that our bylaws allow the board to vote on expenses. "Regular operating expenses" are not a long term binding open end expense. The drama he's created has caused majority of property owners to drop participation. Any direction you can give me would help. THANKS.
LindaH9 (Michigan)
Posts: 14
Posted:
Gordon

I don't know where to go. We are a non profit voluntary dues organization. He volunteered our association into a lawsuit we were not named as defendants. Why? He did not have enough money to hire a lawyer when each property owner was sued over an easement (we have in our deeds). Because he is the President and thought the association should be named in the lawsuit, he just added us. Although he won't share information with the members and some members that did not have money for an attorney are in default. But members dues are paying his personal attorney. Roberts Rule of Order states that a President can sign legal documents but at no time can he bind the society to a legal and financial contract. His excuse is that our bylaws allow the board to vote on expenses. "Regular operating expenses" are not a long term binding open end expense. The drama he's created has caused majority of property owners to drop participation. Any direction you can give me would help. THANKS.
LindaH9 (Michigan)
Posts: 14
Posted:
Gordon

I don't know where to go. We are a non profit voluntary dues organization. He volunteered our association into a lawsuit we were not named as defendants. Why? He did not have enough money to hire a lawyer when each property owner was sued over an easement (we have in our deeds). Because he is the President and thought the association should be named in the lawsuit, he just added us. Although he won't share information with the members and some members that did not have money for an attorney are in default. But members dues are paying his personal attorney. Roberts Rule of Order states that a President can sign legal documents but at no time can he bind the society to a legal and financial contract. His excuse is that our bylaws allow the board to vote on expenses. "Regular operating expenses" are not a long term binding open end expense. The drama he's created has caused majority of property owners to drop participation. Any direction you can give me would help. THANKS.
JudyZ (Florida)
Posts: 23
Posted:
Don't give up...that is what many of the old-timers and nay-sayers want you to do. We have a very similar situation; we have two associations and I refuse to give up. I think too many people on the other association would be too happy if our BOD gave up. This HOA has a good BOD and we are getting the job done. Can't help it if the other Association is perhaps "jealous" of our accomplishments during 2008. Just keep working for what you believe best for your HOA...that is our belief.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
It has been said here time after time. Association living is not a Sprint, it is a Marathon. It is not Fast Food, it is Gourmet cooking (I just made the last part up) It is not gulping down the meal, it is a slow nibbling process. Another fact is that associations are in constant flux and chances for change take place all the time. As suggested committees allow a small insight to opportunities to crack the shell, also lean on anything hard enough, long enough and it will topple over. In my experience good changes come about from involvement, not rejecting the issues, that changes nothing. As far as losing an election, sad to say, some of us don't belong on the board, we become ineffective because we won't follow the rules. But we have the same vested interest as any one else, and should contribute. IMHO After all a Board member is just an owner that sits at the front of the room, albeit, some put on "black hats", but some also put on "white hats."
GordonD1 (California)
Posts: 131
Posted:
Linda:

It is very clear that the president of the board acted very irresponsibly and didn't take in consideration the fiduciary duties for the community at large.

You have to read and understand your bylaws. You can try to have a free one time only consultation with an attorney about your community predicament. In California
the president of the board can be sue if he acted irresponsibly.

My advise is: read your bylaws, research and ask questions to the right people. Try to find other homeowners that can properly help.

You can do it
LindaH9 (Michigan)
Posts: 14
Posted:

Gordon:
Thanks for the advice and encouragement. So many people are intimated by our President. He created his own website under our association name and he constantly antagonizes people that try and stand up for policy and procedures. He's verbally attacking of the members and that is the power he has on most (sometimes including me). I will step forward. THANK YOU.....................
Linda

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