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RuthF1 (Washington)
Posts: 117
Posted:
I looked up our meeting laws for condos HOA in WA and it says:

"Under the Washington Condominium Act, and Horizontal Property Regimes Act, condominium boards are not required to hold open meetings. Non-condominium homeowners’ associations, however, are required to hold open meetings. Closed meetings in homeowners’ associations are allowed only to consider certain sensitive matters such as personal issues or pending litigation (See RCW 64.38.035 (2)). Of course, any board is subject to the provisions of its governing documents and must comply with any open-meetings provision contained there."

My question is that most of the owners think that they are allowed to be at any meeting other than an executive meeting. We are going to hold meetings once a month.

The new president has threatend that if anyone puts a meeting notice up for the owners he will tear it down. Me and the other BODs have decided to hand deliver the meeting notices to the owners as one of the things we told the owners was that we were going to communitcate with them more and wanted them to come to the meetings.

Any help would be appreciated.

r
SusanW1 (Michigan)
Posts: 5,202
Posted:
If your documents are silent on the issue, then you can set a board policy by motioning at a board meeting that meeting dates are to be announced to the members. Board meetings are usually pretty static i.e. the third Wed. of the month, or E/O month on the first Monday.

Once announced, then you have to decide if members are going to be allowed to sit in on the meetings, be allowed to have input, observation rights only, speaker rights, or some kind of combination. Some boards have a Member's Forum at the beginning of the meeting where members can bring issues up before the board. The member-speaker is thanked and usually leaves, and the meeting goes on from there.

GlenL (Ohio)
Posts: 5,491
Posted:
Help with what? The meetings are not required to be open, the president who chairs the meeting doesn't want it to be open but you and the other BOD have decided to open it. Now don't get me wrong I'm all for open meetings and as much transparency of the process as possible, I just think you're going about it in an underhanded manor to put the president in the worst light possible.

Here's how I would have done it: At a closed meeting I would have put forth a motion to open the meetings to all homeowners and if it had passed swung the doors wide open. Or you could motion to change the By-Laws to allow open meetings and gathered the required signatures to amend it.

Studies show that 5 out of 4 people have problems with fractions
RuthF1 (Washington)
Posts: 117
Posted:
Thanks for your input Glen. You would have to know the back story to understand why all the other BODs want open meetings. I am a huge proponent of transparency. Our financial status is at a critical point and the owners are not being told.

The underhanded part was when I was president for 2 months and the new president cited the bylaws (never used before this time) stating that I had been president Pro tem for all that time. He then proceeded to work behind the scenes to convince the new BODs that I was conspiring to get rid of the PM. He nominated himself as president and got a BOD to change a previous vote. (took two meetings for him to get his way.) The damage was done however now the new BODs are coming to me asking what they can do to change it as this person is going off on his own (which is one of the complaints he said about me). I am not contesting the vote and told them we have more important issues at hand than who is president. My goal is to educate the owners and BODs on what it means to be a condo board.

Again, Glen it is a long story and one I am finding happens a lot. I have learned a lot of things from this forum and look forward to finding a non confrontational way to handle this situation. I have already found one that is awesome and may end up using it at the next meeting.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ruth,

I certainly do understand your reasons for wanting the board meetings to be open to the members, but the Pres does have the law on his side. However, the Pres is only one member of the board. If you can get a majority of the board members to agree to open up the board meetings to the members then it won't matter what he feels. Otherwise you'll have to employ other methods to inform the members of what is going on. A newsletter is a good way to get info out, in fact this is a good idea even if the meetings are open to the members.

I definitely would not recommend passing out notices until this matter is cleared up with the board. The whole board should take a vote on whether or not their meetings should be opened up to the members. Just because the state law says it isn't required, does not mean it cannot be done.
RuthF1 (Washington)
Posts: 117
Posted:
As usual Mary you are voice of wisdom. We decided not to pass out invitations rather we will just let the residents know there is a meeting by word of mouth. The reason for this is for the first two months I was President I was inviting all owners to come to the meetings so they could let us know what they wanted to see happen in our community. I am going to follow the advice from Susan and make a motion at the meeting. I believe I have the other 3 BODs on my side. Of course like the game Survivor I may be being played LOL... but it is moving in the direction I want to see. More transperancy and the owners have to know our reserves are down and our dues is going to go up 12% for the next 3 years to make up for it.

My next project is to get an open condominium law in the state of WA. That is ridiculous. We must have a huge Condo lobby here.
MicheleD (Kentucky)
Posts: 4,491
Posted:
LOL re: "Survivor"!

If there is one thing this reality show has done, it's informed us of some very relevant human interaction and group dynamics !

JonD1
Posts: 2,350
Posted:
Ruth:

Just a few quick questions if you don't mind.....

How many units on your property?

Do you have an annual owners meeting each year???

And if so how many owners attend that meeting?????

Just curious.
RuthF1 (Washington)
Posts: 117
Posted:
Don't mind at all. We have 104 Units... I believe 30 attended that last annual meeting. We are holding monthly meetings that maybe 5-6 attend periodically.
RuthF1 (Washington)
Posts: 117
Posted:
another BOD just brought to my attention that in the last two meeting minutes we invited the owners to attend all meetings and give us input. this will be an interesting meeting with the new president wanting all meetings closed to the owners
JonD1
Posts: 2,350
Posted:
Ruth:

Thanks for your quick response.

So you get 30% of the owners once each year and 5-6 out of more than 100 each month.

In my opinion Ruth transparency is of little value when most people have no desire to be involved. (Sort of reminds me of the national issues we now face.)

Living in NY we are not required to hold open meetings. In our case the simple fact of the matter is the vast majority of owners want NO real part in the operation of the property. And those that do, offer little in the way of constructive input.

I would never ever, and I'm talking NO under any circumstances suggest we work to open our meetings. After 22 years of serving on this Board I would see nothing postive coming from it.

Most owners have many opinions which are based on little if any understanding of the facts. To open this process up each month to individaul owners would retard the progress of the Board and waste the limited time the Board has to run the property.

In my opinion the election of the Board is done to provide the authority to those on the Board to make decisions and act in the best interests of the property.

Most HOA and condos operate as corporations. Now if we had Microsoft, a corporation, operate under the open meeting rules then their Board would need to open their meetings to each and every stock shareholder. In my opinion nothing or very little would get done. Last I heard they don't operate that way.

If you make the effort to open your meetings perhaps you might be disappointed
at the turnout each month.

It is certainly within your rights to push for a change in the state laws, my thought being perhaps there is a better path you could take to improve the situation on your property within the current laws.

I don't know why your Board President prefers closed meetings maybe with good reason perhaps with not. I do know human nature and if you push to open meetings then there might be a push coming back and somehow or someway this person has been elected to the Board which might suggest they have some following. Will the support of a small group of unit owners willing to get involved be enough to change things contrary to existing state law?

I have a guess.

In any case good luck.

RuthF1 (Washington)
Posts: 117
Posted:
Thanks Jon: I agree apathy is an issue but when the owners have been shut out and silenced then they do get a "What good does it do" attitude.

My goal is to change that. One of the ways is to get them more involved. By having fun events and informational speakers on different topics come in we get the sense of community back.

Nothing will change if nothing is done. I am going to be the one who at least tries.
DianneL1 (Washington)
Posts: 34
Posted:
Ruth,
I would love to know where you are now...2 years later. Big changes for the better?
Dianne
RuthF1 (Washington)
Posts: 117
Posted:
Funny you should ask now Dianne. I am in great shape. All of the fighting is over.

I finally educated the board enough to where we just fired our PM of 10+ years and hired a great guy that was recommended to us by several COAs. He helped us with this annual meeting where we were able to get the "bully" off the board. The BODs joined CAI and have attended several seminars. Big eye openers for the other BODs.

This annual meeting was the first time that our community used ballots for voting and they LOVED it. Everyone that was voted in had 45+ votes the bully ahd 8. Clear message that they wanted him off the board so we could actually get things done.

We are having our first volunteer group meet to paint the weight room. We decided to have the carpet replaced and one of the owners asked if they could paint the walls. So now we are getting a painting party together.. Pizza and Soda for everyone YEAH!

So the moral of the story is no matter how many times you want to quit, if you know you are in the right stick it out.

Thanks to everyone on this board the helped me the last two years. Everything you advised me to do worked.
DianneL1 (Washington)
Posts: 34
Posted:
That gives me hope! Good for you.
My community of 18 townhouses has endured 10 years of infighting, poor communication and non-existent community involvement. A dysfunctional board of (2) women refuse help and every BoD meeting is “closed” because the only thing on the agenda is the ‘confidential’ delinquencies that are now preventing our homes from selling.
So, I recently spearheaded a grassroots effort to communicate with each and every homeowner to get their input on the current situation. Ten owners now have met and agreed to replace the current Board of 2 with a Board of 5 at our annual meeting and then fire our expensive, overbearing PM of 6 years. Big ugly job, but someone has to save our investment! I hope my story has a happy ending like yours!
Thanks for sharing your story.
Dianne
RuthF1 (Washington)
Posts: 117
Posted:
Dianne, that is awesome. Hang in there. That is what everyone told me to do.

Communication; Communication; Communication.

I was the first one to use the word transparency to our owners. The first time we published the amount of deliquencies in the minutes they took notice. We then started a campaign of walking around the complex and talking to the owners. It was interesting how many had had an interaction with the old PM that was negative. Also told us that complaints were going into a black hole.

We took those over to make sure they were being followed up on. It is really going to be nice to give that back the PM instead of constantly calling to make sure a letter or fine was sent.

I am so happy after this last meeting I am walking on clouds. The owners even gave us a standing ovation. Most of our annual meetings were screaming matches. If you look back at some of my old posts we even had to call the police when the PM and an owner got into an altercation at one of the meetings.

I am happy to say that is in our past. We still have a small issue with the "bully" but our new PM handed it right over to our lawyer and said he will handle it.

Life is good.
DianneL1 (Washington)
Posts: 34
Posted:
Ruth,
Every community must have a "bully". They keep life interesting.
Our bully got voted on to the Board a couple of years ago because the sole board member at the time had a moment of weakness. Within two weeks the bully wanted to fire the PM (to self manage), lower the monthly assessments from $350 to $250 (by halting the reserve account funding) and freeze work on our declaration amendment project that we all voted for.
These baseless changes led to his immediate removal.
Now we are facing new challenges. With better communication and new leadership on the horizon, I see the light.
BTW, where are you in Washington? We are in Kirkland.
Dianne
RuthF1 (Washington)
Posts: 117
Posted:
Yes we are in Lake Stevens.

Have you joined CAI? http://www.caionline.org/Pages/Default.aspx

We found this to be Extremely helpful. One of the articles on bullying gave a step by step on how to handle one. It worked like a charm.

Our PM was the problem but I would NEVER go to self managed LOL. She walked in 10 years ago and said it was her way or the hiway. She had the BODs for the last 10 years believing her word was the law. When I moved here I had been the President of a board in the 80's and knew some of the stuff she was doing wasn't right. So.... I started asking questions which got me branded as a trouble maker.

I heard that she is still blaming me for her being fired. I guess I will take the credit, but she just doesn't get it was a 5-2 vote of the board. Pretty loud message in my opinion.

It is soooo nice now 4 years after I started down this path to come to a positive end. All I did was kept pointing at the mistakes the things she wasn't doing and asking "how much are we paying her a year".... It finally sunk in.

DianneL1 (Washington)
Posts: 34
Posted:
I was a member of CAI while serving on the board for the first 5 years; a great resource.
Since stepping away, the BoD has met one disaster after another. It’s like watching a train wreck in slow motion. I need to back involved because now we are talking about serious property value loss if not brought into control.
Like your situation, the current BoD seems to be taking all the (wrong) direction from the PM. I suspect too that the PM is working with “their” vendors and everyone is getting rich.
Self-managing is only an option if enough volunteers are committed and you have a good BoD. But for our community, nobody has the time or the knowledge to do it right.
Time for shake up!
RuthF1 (Washington)
Posts: 117
Posted:
dianne, email me at fletchersoffice @ aol dot com and I will send you the contact info on new PM we have. He is AWESOME.

I know what you mean about taking charge again. Our deliquencies were getting out of control. We have stopped the bleeding but we are now in the process of re couping some of the back assessments.

We are in such good shape financially comparatively that we are very proud of the work we have done.

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