Can the board ignore me?

SueL,
Of course the Board can ignore you, they just did. If you are asking can they suffer the pangs of hell? I doubt it and they will not go to jail.

But will they know better next time to not ignore you? That's up to you. Sorry, that's the way it is.

First, go to a Board meeting and voice your concern AND ask for resolution. Put it in the form of a motion, get someone to second it, get it put into the minutes. Ask for immediate relief if you are being distrubed. Make sure you submit your request at the meeting in writing and request receipt of the letter.

Then take the next step to get relief from your problem by hiring an attorney.

Now let me add, that time has passed here, you are probably getting upset and angry. Why for goddness sake? Why was not the first thing you did, contact a Board member or manager or P/M personally. I am always dumfounded about this. It is your association, all owner are equal with one vote, all should be willing to challange what they think is wrong. You signed an agreement to do that. I would bet money on it. Maybe your board is screwed up, who knows, but it is your business to know, it really is. You can be assured we understand that around here, and we do exactly like we ask you to do.

How long has this been going on? When did you first contact your board?

Perhaps what you perceive as a violation is not a real violation at all. As a board member, I've seen those types of complaints myself. Or, it may be that the board has taken action on your complaint, but they can't (or shouldn't) deal directly with the renter, they have to deal with the owner. It's up to the owner to then deal with the renter. That takes time, and perhaps the owner is ignoring the board. Also, the board cannot (or should not) disclose with you the nature of the communications they may have with another owner.

In short, the board may be doing something (or trying to do something) about the violation but maybe they just haven't told you about it. That's not to say they should ignore you completely. They should have at least acknowledged receiving your complaint and either told you they can't do anything about it and why, or that they will address the matter. That's just common courtesy.

Alex,
Sure they can if you mean member of the association. I would hope that all Boards (but know they don't but can be forced into it.) would allow a space of time for members to voice their thoughts. Of curse the President could rule the motion out of order, but then, the motion made should go into the records. Point being to establish a solid paper trail for your concern.

The minutes are far from the magic panacea that so many people think them to be. First, the organization that is meeting controls the contents of the minutes. And to be honest, there are only two times you could have an issue with the minutes:
1) Money is spent without an authorizing motion (and an audit is conducted)
2) Someone sues the organization.

The problem with item 2 is that if you are suing because something is missing from the minutes, the burden is on you. And I agree that a visitor can not make a motion. I would not record such a motion in the minutes. The minutes are a record of actions taken.

It would be appropriate for the secretary to record something to the order of:
"Resident X made a request that the Board take action regarding such and such."

The thing is that at the end of the day, the Board can choose to not take any action. And there are only two things that can be done about it. You can try to vote the bums out, or you can try to sue them to take action. You have a choice between time and effort, or spending money.

I would recommend though that you talk to others and get some support about doing something. Quite honestly, if only one resident was bothered by something then I don't know that I would be inclined to make an issue of it as a Board member. I am here to serve the neighborhood at large, not to do the biding of each (or any) individual.

As a note, nothing precludes you from taking enforcement action apart from the association. If things are bad enough, you can take the owner to court.

Robert,

And perhaps the best paper trail is one the homeowner can control, ie., a letter, sent registered return receipt, if necessary.

Robert,

The problem I have with your suggestion is this: What rule allows a homeowner the right to make a motion at a board meeting? Where can he or she find it? If the homeowner's complaint doesn't get into the minutes, what rule can the homeowner use to compel the board to put it in the minutes? Where can he/she find it? If the rule is not in the state laws or in the governing documents of the association, where can it be found? Unless the board can be compelled to place the homeowner's complaint into the minutes, the board can choose to ignore the homeowner and there is no paper trail by using that approach.

SueL, the OP has no use for your posts or she has forgotten about her question....
You should allow the OP to follow up.

I'm not sure what the procedures are for your particular association, but neither our governing documents nor our state law REQUIRE that we acknowledge any communication directed to us from residents.

Having said that, our own personal internal policy is to send a confirmation or acknowledgment of receipt (IF the resident leaves either a contact phone number/address or email address) of any correspondence or communication, including violation notices or reports of alleged violations.

But, as someone above said, we do that as a matter of common courtesy, not because we are compelled to.

Michele,
Your conclusion that the Board has no compulsion to answer a question as submitted and any other communication to the Board by an owner, just doesn't ring with a pleasent sound. Because it is not written, therefore this gives the Board or individual Board members some kind of right not to respond is just not what the Board would want to convey. Maybe if this particular question, legitimate, deteriorates to something unpleasent, the Board may decide not to reply. Why try to hammer home some esoteric premise that does not pertain to the subject. And you were not the only board member to do this. Of course the very existence of the Board is to answer to the members. That's a fact, it is evident in nearly everything the board does and every board action. Why else are you doing it? Anything a member presents to the board, within the confines of proper decorum, is considered in some fashion and responded to. You all know that, and it would be a rare case indeed it the board would elect to refuse to comment on a question presented. A no comment is a comment. I am NOT saying the Board has no discretion, they certainly do, and rightfully so, but with discretion comes responsibility and for the Board to decide they are not going to respond because they don't have to is not responsible.
I don't present a critical response here, I am just saying Board members and volunteers of any ilk must have motivation and rewards. In associations that concept is what drives the Board and volunteers, and we receive little if we don't respond because we don't have to. Or maybe I am beating a dead horse.

Thank you Bruce,
They all have my respect..........and scrutiny. And you are right about the perfect world, but we do live there.