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GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
It is not an easy job and it will not just "work out." You must push and work hard to get people there. Right now it sounds as if the Formality of the "Owners Meeting" may turn people off. Who knows why you all are not getting a response. But don't negate the fact your association is not that much different than any other association, and other associations can get some folks involved. you just need to punch the right buttons , and work hard. It can be done, mainly because if you all can't do it, you are going to have more trouble and expense, than if you do form a BOD. You really don't have much choice. The OP, at this point can throw up their hands and walk away, but, they are not walking away from the trouble. Trouble will come to you and all other owners, unless you sell out and leave, and that ain't gonna happen, probably.

Aside from the usual responses, does anybody ask the question "Why?" owners are so apathetic in general? Why don't owners see their own self-interest in protecting themselves from the future costs of non-participation? Do they not see the financial risk to themselves from their lack of participation?

Are owners so ignorant (or, yes, even so stupid) that they do not see the cost of non-participation? Is it simply or just a question of education?

Simply to say that owners are lazy does not answer the question. It says that they are willing to pay an exceptionally high price down the road for that laziness. Are they aware of the cost? Or, do they indeed, make some sort of unconscious cost/benefit analysis that says to them that the cost tomorrow is a fair price for the laziness today?

Is the message being communicated to them not getting through? Is the proper message being sent? If so, why is it not working?

Is there something inherent in the basic concept or structure of a homeowners association that causes (or encourages) individual owners not to recognize the importance of their own participation (at least executing a proxy)?

What drives this culture of non-participation that is endemic to homeowners associations?
KirkW1 (Texas)
Posts: 1,665
Posted:
I fail to understand why people think this is an HOA problem. For instance many HOAs are able to make a 20 or even 30% quorum without the use of proxy ballots. Compare that to the number of voters who bother with local elections. For the most part, election officials would love to get 20% of the voters out. That would be nearly unheard of for a city (or county) election in many places.

I am more bothered b the fact that a person gets beat so bad they are either hospitalized or killed and people just walk past without calling 911.

But to the issue of involvement in the HOA (or other organizations), you must attack the over scheduling that is rampant in our society. It is just too easy to find children who do homework in the car on the way to practice or games. Or do their homework while a sibling has their practice and they will practice and the sibling does home work.

It doesn't take much to figure out why many people who would complain about an extra $100 a year to make the neighborhood look nice will spend more then 10 times that on a large flat screen TV this year.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By KirkW1 on 01/31/2009 5:40 AM
I fail to understand why people think this is an HOA problem. For instance many HOAs are able to make a 20 or even 30% quorum without the use of proxy ballots. Compare that to the number of voters who bother with local elections. For the most part, election officials would love to get 20% of the voters out. That would be nearly unheard of for a city (or county) election in many places.
It becomes a problem of homeowners associations when there are not sufficient attendance at meetings (in person or by proxy) to achieve a quorum. No quorum is mandated in a civic election. If only one person voted, it would be valid.
DonN (Michigan)
Posts: 357
Posted:
Consider the possibility that most people just want to be left alone. They are comfortable with CIDs because they place value on the restrictions on property use. They are willing to pay the dues and assessments for enforcement of the restrictions by the POA.

But POAs often become intrusive into personal lives. Rather than to fight the intrusions, members just withdraw. Often board members believe they have a better idea and act under the authority of the "general welfare" clauses in the governing documents to impose their version or vision for the CID rather than confining their actions to what is clearly within the restrictions.

Often these excursions are supported by the attorneys for the POAs even though the legal opinion may not be valid under the law and governing documents. Power tends to corrupt. Consider:
Power corrupts; absolute power corrupts absolutely

Origin — This arose as a quotation by John Emerich Edward Dalberg Acton, first Baron Acton (1834–1902). The historian and moralist, who was otherwise known simply as Lord Acton, expressed this opinion in a letter to Bishop Mandell Creighton in 1887:
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."
Limitations on the authorities of POAs and its boards, strong separations of powers, and effective checks and balances are needed to prevent such corruption from occurring in POAs. "Elections are not enough." to produce good governance in POAs.

GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
A very thoughtful and intelligent observation, Don. Thank you. What you suggest--what I infer--is that there is an endemic problem with the concept and structure of homeowners associations that does, indeed, encourage a "culture of non-participation."

If so, then we may have a chance at a solution.

I wonder what others think. . .
MaryA1 (Arizona)
Posts: 7,043
Posted:
I agree, Don has offered good insight as to why HOA members may be apathetic. But, why do many parents not get involved with their children's extracirricular activities; attend PTA meetings; go to Church, or even get out to vote. Apathy is everywhere, not just in HOAs. Priorities are all mixed up. As Kirk said, why do HOA members complain about an increase in assessments but can't wait to run out to buy the biggest flat screen TV they can find? In these hard economic times we're experiencing now, I'll bet the Super Bowl tickets are sold out. I toured the Coyotes Hockey arena yesterday and was told the bookings for the shows have not slowed down -- tickets are selling like hotcakes. People are attending the hockey games and paying the inflated prices for refreshments as always.
DonnaS (Tennessee)
Posts: 5,671
Posted:

George,

The problem of apathy is not found just in HOAs. It took a very well oiled machine and 21st century technology to elect our new President. Totally outside of the box, they went to every known means of communicating with America but included the grass roots approach of going door to door.

We all know that for 30 or more years, things were changing from our core values and turning into a "ME ONLY" society. This is the same with HOAs. Let someone else worry about the duties that make us function as a society or a community. "As long as I am okay, I don't worry about the rest"

Again I say, it is not just in our HOAs but in our everyday thinking. We have not done our children any favors by allowing them to think the same way that we do either. Lets just hope that they can figure out that they must be involved in ways that better the world and that then will include themselves and those around them.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
"ME" is the key, as in "What's in it for ME."

As I noted in a previous thread, that is the reason I got involved with our BOD, and why I suspect most folks do. The reasons are irrelevant as long as one gets a payoff, or at least has the expectation of one. Same motivation for everything we choose to do - balanced against all the other options we have of things we choose, or reject.

Nothing wrong with that, is there?
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
It seems to me, then, that (1) the requirement of a quorum of members (in person or by proxy) at a members meeting should be eliminated entirely and (2) there should be no quorum requirements for voting to elect board members. Elections will be based on a majority or plurality of the actual number of votes cast.

If what we are dealing with is a far broader cultural/social/civic virtue issue, then the bylaws, structure and organizing principles of the homeowners association ought to reflect the conditions of our contemporary society, rather than continually be plagued with a Utopian notion of participation that cannot, realistically, be obtained.

One may conclude, then, that we should throw out entirely the notion of volunteerism when it comes to the governance and management of homeowners associations.

Thoughts???
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
By the way, there is some rewriting of a couple of introduced bills in the Indiana General Assembly going on that affect homeowners associations. This thread is quite pertinent to some of the language proposed for the combined bills.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Disagree with both eliminating quorums and throwing out "volunteerism."

Homeowners are aware of the HOAs at the very least when they have to pay that first assessment.

Eliminating quorums will most definitely draw out power/control members. I view the quorum requirement as one check-and-balance control.

I also see no reason why board members should be paid, and I can assure you that myself and at least one other board member has put in untold number of hours over and above other board members or resident members.

Again, if you want to draw out power/control people, just pay'em and eliminate the quorum requirements.

Buh-bye to what controls the resident members do have.

Regardless of what we may think, to the majority of people in an HOA, they already know the restrictions and are quite comfortable living within them, and having a board or someone else ding those who don't.

They just want to enjoy their homes and it's not a "career" for them to be thinking about it everyday, or even every quarter.

"Get back to me when you have something that I think I need to know, until then, zzzzzzz."

It truly is a "what's in it for me?"

That is why MOST HOAs don't see the resident members wake up until some crisis is near.

Once the crisis is abated, they will go back to their own, INDIVIDUAL lives.

They are not a "collective" regardless of how much we want to make them think so. They are individuals with individuals lives.

If I were not on the board, if I did not have specific things to which I wanted to attend or preserve, I wouldn't show up at one board or membership meeting.

That's just the way it is.

Oh, for the record, our local council members (alderman, commissioners, whatever they're called in your areas) hold Monthly Dialog meetings (as does our Mayor).

Average attendance? mmmm, in our district about 20 people. Of that 7 are usually Neighborhood Leaders (i.e., HOA board members in the district). Our district has roughly 30,000 people.

For the Mayor's dialogs? SELDOM over 40 or so. Once, when a munitions depot was being discussed about 200 or so showed up.

That's out of a population of about 1.2 million people.
DonnaS (Tennessee)
Posts: 5,671
Posted:

George,
I too disagree with this concept and your conclusion to throw out entirely the notion of volunteerism. The few who turn out for meetings and votes could be some far reaching organized radical group, who could control far too many aspects of the a HOA. The reason that quorums and vote percentages are written into documents is to ensure that at least a majority of the members have say in the governing of the HOA, even if they don't care, they are required to have some involvement. Getting them to use their rights is the discussion. How do we get that involvement is the question.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Michele writes:

>>>If I were not on the board, if I did not have specific things to which I wanted to attend or preserve, I wouldn't show up at one board or membership meeting.

That's just the way it is.<<<

And, I'd add, just as it should be as that will always be the case.

Either we've (BODers or active Members) got an agenda, or don't. Either we're willing to invest the time to accomplish our goals, or don't.

This is pretty simple human dynamics. Where's the (MY) beef? No beef for me, then "Adios, Casablanca" (as Peter Lorre noted in the movie).

Throw all the pseudopsycobabble at it that you want. Wring your hands all you want. Nothin's gonna change.
EllenS1 (Florida)
Posts: 1,148
Posted:
George,

Why the apathy? The same thing that keeps voters away from going to the polls. They complain about not be able to get to the polls even thoough they could vote absentee. Then aftr the election they complain about the person who was elected. Sounds similar to hoas.
AnnaD2 (Florida)
Posts: 960
Posted:
In my opinion it is truly ignorance. People absolutely do NOT know what they're signing on for when they buy into an HOA, and realtors or the seller's are not going to sit there and explain to everyone exactly what ownership in an HOA is. Then surprise, surprise, when someone breaks a rule and hears about it it's all "news" to them. That sets the presidence for how people "care" or "feel" about their association.

The others are those who "know" they have to pay maintenance fees for the "upkeep" of the property. If it goes up a few bucks every year, so be it. So does everything else.

Everyone has extremely busy lives and their home is their castle. When they leave work or when they're done shuttling the kids to and fro the LAST thing they want to do is go to a meeting.

Most people don't know that they have a DUTY and an OBLIGATION as a member of their association to be active and vote. Again--plain and simple---being uninformed.

It disturbs me that someone who is now a board member claims that if they were not on the board they'd have no interest in the "goings-on" of the association. Most of us who are now board members are those who DID attend meetings and did not like what we were seeing. We've had former board members who were the same way....which only proved they had their own person agenda for wanting to be on the board.

I'd LOVE to take a year off from my board. But I know there are bad people waiting in the wings to sit and use their position to abuse the power and association funds. I can't let that happen to my neighbors. But because of my neighbor's apathy it COULD happen. But would I quit going to meetings? HECK NO! I'd be watching every move they made.

EllenS1 (Florida)
Posts: 1,148
Posted:
Michele,

You are so right. "Most hoas don't see the resident members wake up until some crisis arises." I've lived in my hoa since 1991 and recall getting a turnout of 41 members at the annual meeting out of 101 homeowners. A FIRST and this was only done because a flier was passed out door to door letting them know a special assessment was being voted on for the interest of a few owners but everyone would pay for it. Since then it's back to normal..very few care to take an hour or two ONCE a year to know what is happening with the budget, election or whatever. We also have a website asking folks to express their concerns, questions or whatever. It's evident it is visited by about 40 members but very few postings. I have stopped posting since it seemed only two owners added anything.

I've been on the board for two years, resigned and now back on again but it's like pushing owners with a rope. I'm sorry to say but am joining the group of if it's not about ME I am not interested and resigning once again.

This last year we have had the best board and president ever and they, particularly the president who is up on new legislation, contracts. etc, and a retired IRS employee who is treasurer and keeps an eye on our expenditures, etc.. Our president has been thanked by being verbally attacked by emails and even being confronted at her front door because someone had been sent a violation notice by our PM. And then there is an owner who emails the management company and board members after drinking to let them know everything they are doing wrong. The board never responded but the PM did citing covenants which he says should be ignored. This was a past president who ignored all the board votes when he served (and why I resigned) and now says he will make the annual meeting a messy, embarrassing meeting.

I'll see what happens at the annual meeting but right now I am for hiring a receiver and passing the costs off to all the owners that don't want to get involved.
EllenS1 (Florida)
Posts: 1,148
Posted:
Anna,

Good for you. I wish more people went to the meetings. I will be resigning from the board but will attend meetings to see what is going on. A neighboring hoa had funds taken from their accounts by a bad PM and I intend to see how "our" money is being spent.
AnnaD2 (Florida)
Posts: 960
Posted:
Ellen, would you please write to me at [email protected]

I'd like a private conversation with you. You sound like such a good, responsible board member....and SO ready to give up. We need someone like you. I don't expect you to move...lol...but I'd like your thoughts.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
If volunteering and participation is so vital and essential to the health of a homeowners associations, why is not more said about it in the declaration of covenants?

Why not require by covenant that each homeowner (1) contribute so many hours of work/participation per year and (2) be required to attend meetings and vote or face fines?

Covenants regulate behavior in other areas such as nuisance, noise, parking, pets, etc. should not participation in the affairs of the association also be mandated?
DonnaS (Tennessee)
Posts: 5,671
Posted:

George,
I absolutely agree with you on this one. Jury duty is mandated as a part of living in a community so why not at least attendance in meetings? I think that once you got the members to attend, it just might spark an interest in the affairs of the association. Great post, Thanks!
KevinK7 (Florida)
Posts: 1,343
Posted:
I understand the whole "apathy" question, and it is amazing that only people attend when a crisis arises.

In my neighborhood, the first meeting after the lawsuit against our HOA was announced, the meeting more than double the attendance... still not many (maybe 50-60 out of 900 homes).

Maybe it can be looked like this...

If only 20% of the neighborhood is participating and volunteering, maybe the other 80% desires that there be no Association. Majority rule?

Why should a minority make the rules and operate the Association. Even if there are attempts for community outreach and efficient notification of meetings, proxies, etc., and participation is still low, then why try to force an Association on people who simply do not want it (or appear to want it).

I know not all Associations are like this, but for those that are, maybe the BOD should put things on hold and wait until the people want them around.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Anna writes:

>>>Most people don't know that they have a DUTY and an OBLIGATION as a member of their association to be active and vote.<<<

I'm one of those who don't know that. I do know that my obligations consist of paying dues and following the otherwise enforceable rules of my HOA (more on this below). That's it. Any other participation is my choice to make. And though, as a BODer, I'd appreciate more from my fellow non-active Members, I neither expect nor demand same.

Moving along to George's newest thought...

Come on, Counselor. I hope you know better than that. Language attempting to mandate volunteerism would be, lacking consideration (which would make it a paid gig rather than a freebee), wouldn't stand up no matter how informed the current or prospective Member is or was.

And though my trusted and repected comrade Donna's jury comparison looks good at first glance, that too fails on a number of counts. One can be asked to serve, but can easily avoid the task. Simply ignoring the summons as one might ignore an HOA annual meeting is one option. Have you ever heard of someone being fined for not showing up? Or if that doesn't work, jury nullification during voir dire (that's the Q&A attorneys conduct during selection) is a sure fire way to be sent on your way before lunch. Stating that you cannot in good conscience rule as to a given law or party or set of facts? End of story.
DonnaS (Tennessee)
Posts: 5,671
Posted:

My also respected comrade John,

To ignore a jury summons can result in a contempt of court judgement or so I am remembering from someone who tried it. But I also know that showing up for the pretrial interogation as I call it, can find some very creative excuses as to why one cannot serve. I guess that having HOA participation from the members might be stretching it a bit. Are we just grasping at straws because there should be an solution but we are unable to find one? More than likely.
DonN (Michigan)
Posts: 357
Posted:
Read one of the reasons people don't volunteer, "Elected officials get an earful about condo association laws -- South Florida Sun-Sentinel.com". Many times people in leadership positions are "tell and not listen" persons. They believe they have better ideas, and use the leadership positions (which they seek) to impose their visions on the others. People are turned off by such behavior.

Watch people in meetings. Did they come with a blank tablet for taking notes on what they learn. Or did they bring a PowerPoint (in the old days, a stack of overhead slides) and are there to tell other people what they believe others should adopt.

How many boards in POAs consider that a major role is to protect the rights of the owners/members? Is the subject ever discussed at a members' meeting?

POAs do create a balance between individual rights and group rights. The group rights are defined in the CC&Rs. All the rest should be individual rights, governed by the civility and good human interactions, and not to be intruded upon or abused by boards. Boards should not be authorized to change those rights. An excellent paper on this balance, "A BILL OF RIGHTS FOR HOMEOWNERS IN RESIDENTIAL COMMUNITY ASSOCIATIONS", is available for your reading.

Too many of the volunteers want to sit at the front of the room. At your annual meeting of your fellow members, where do the board members sit? Are they there to be accountable to the members for their stewardship? Are they there to listen or to tell.

If board members listen and respond to what they hear, I believe the member participation is higher.

JohnK3 (Pennsylvania)
Posts: 967
Posted:
My honored and courteous ally Donna,

Try this. Pass a resolution that any Member showing up at the Annual gets an (insert $ amount) dues credit. Might work because it's fair, possibly productive, applies to all Members. Might not work because some (many?) still wouldn't want the hassle/burden of parking their arses in a chair for an hour to endure hearing about things they figger will be taken care of eventually by others.

In our HOA, I doubt $25 would make a dent. $100 might, but then our tiny, tight budget would take a hit we'd have to make up for by cutting back on necessities.

I still think proxies work best on a functional basis.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
I have been watching thoughtfully the responses here and elsewhere on HOA Talk. This is an important discussion, because if we cannot identify the problem correctly then we have no hope in finding a solution.

I think John and Kevin have posted key elements of an emerging answer to "Why the apathy?"

Maybe, just maybe there is no apathy at all. Maybe in the ideal notion of a homeowners association we have created unrealistic expectations that will only be achieved in the exception. And that conflict between the ideal and the real leads to a significant number of problems.

On one hand we want our homeowners associations to be run as if they are some sort of private government managed by well-meaning elected volunteers. But on the other hand we want them to operate as private businesses.
    "The HOA is not social services. The board's duty is to run the association like a business."
In private business (1) executives and board members are compensated and (2) board meetings are not open to shareholders.

I would suggest that we look for another governance paradigm. Clearly, what we are using now seems not to be as effective as we would desire based on the many issues reported in the " LEADER'S TALK: Your biggest challenges as a Board Member?" thread.

The solution to the perceived apathy issue may be to adjust how we organize the governance and management of homeowners associations to bring them more in line with the realities of our culture and the desires of homeowners to remain relatively uninvolved.

It just may be that the perceived apathy is a sign of contentment among the association electorate.

I would suggest for discussion that we eliminate the need for an annual meeting of members. There are no such required meetings in most governmental units.

I would suggest that we change the way we elect board members. Instead of an affirmative vote, I would suggest a retention vote--such as that for judges in many jurisdictions: "Should Mary Smith be retained as a board member for an additional three year term of office?" Yea/Nay Boards would be self perpetuating, appointing new members as is done in most not-for-profit organizations, subject only to the retention vote when terms expire.

Thoughts???
SusanW1 (Michigan)
Posts: 5,202
Posted:
It seems to me that a whole lot of expectations and rights are being asked of the Members.

("Geez - all I did was move into a neighborhood. I know the rules. Now you want me to run the whole thing, too? Let those who want to, run it. Why do I have to find the leaders to run it?. Delete quorums. Whoever shows up at the annual meeting is good enough. Let the place run itself. I won't hold you up. I'll let you know when I am interested. That will happen if you hit my kids or my wallet"

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