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MY FELLOW BOARD MEMBERS ARE IGNORING THE RESULTS OF A BALLOT BY HOMEOWNERS TO REJECT ROADS ASSESSMENT

Started by GeorgeR323 replies • 1584 views

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GeorgeR3 (California)
Posts: 9
Posted:
ON APRIL 13th...OUR HOA COUNTED THE RESULTS OF A BALLOT TO APPROVE OR DISAPPROVE A ROADS PROJECT IN OUR COMMUNITY OF 22 HOMES...ONLY 16 HOMEOWNERS VOTED...THERE WERE 8 FOR THE ASSESSSMNT AND 8 AGAINST.
THE BALLOT FAILED...THE REQUIREMENT IS ONE OVER HALF 1/2 TO PASS..HOWEVER, THE TWO OTHER BOARD MEMBERS ON OUR HOA BOARD OF A TOTAL OF THREE...HAVE DECIDED TO ASK THE HOMEOWNERS WHO WANT TO GO AHEAD WITH THE ROADS PROJECT TO "VOLUNTARILY" WRITE CHECKS FOR THE ROADS PROJECT...HOW CAN THIS BE ??? CAN THE WILL OF THE HOMEOWNERS BE IGNORED ?
AND THEY ARE TELLING THOSE WHO WRITE THESE CHECKS THAT THEY, THE HOMEOWNERS WHO PAY THIS "VOLUNTARY" CASH --- TOWARD A PROJECT THAT HAS BEEN LEGALLY REJECTED BY A VALID VOTE --- THAT THEY WILL NEVER BE ASSESSED FOR ANY ROADS PROJECT AGAIN ? I AM APPALLED...THIS IS SO UNEHTICAL AND WRONG. I AM THE TREASURER ON THE BOARD AND I THINK THE "WILL" OF THE ENTIRE HOMEOWNER BODY SHOULD BE UPHELD ??? CURIOUSLY, OUR ATTORNEY FOR OUR BOARD HAS NOT RETURNED MY PHONE CALLS TODAY WAS MY FIFTH ATTEMPT...THE SHEER ARROGANCE OF MY FELLOW BOARD MEMBERS TO IGNORE A BALLOT AND MERRILY ROLL WITH WHATEVER THEY THINK IS BEST...
KirkW1 (Texas)
Posts: 1,665
Posted:
First, turn off your caps lock. It is just rude to put in all caps.

Second, how was the measure worded? If the measure was for a special assessment, then nothing would prevent a voluntary effort to raise the money needed and doing the road project. But then why would you object??

Now to be certain those who donate to the effort would have to do so voluntarily. Further, the only benefit (aside form an improved road) that they will receive would be the "satisfaction" of paying for everyone.
SusanW1 (Michigan)
Posts: 5,202
Posted:
More detail is needed: is this a paving? grading? a new road construction?

Yes, the motion was defeated, but what was defeated was the assessment, not the project.

MicheleD (Kentucky)
Posts: 4,491
Posted:
What "will of the people"?

Half want it - half don't. Just as many do as don't. It's not like there is a clear majority on either side of the equation. There is no mandate either way.

Seems like the will of the people is split.

If there is a group of people who want to spend their own money out of their own pockets to do a project that they feel would improve the values of their properties, what is the conflict?

I'm not asking to be facetious. I'm curious as to what project would be so objectionable that one would have an issue with the group paying for it themselves.

By the way, I don't think your board will be able to make good on the "promise" to the volunteers that they (those who pay now) won't be assessed on any road projects in the future. It's likely that your governing documents do not allow for assessments (special or otherwise) that are different for different lots.

I suppose COULD mark the assessment "paid," and consider this volunteer payment as that future payment. But that would only work if it were the same amount.

Anyway, definitely more information needed. Are they wanting to put in speed bumps?
GeorgeR3 (California)
Posts: 9
Posted:
thanks for the etiquette lesson...now i will be like ee cummings
i bet he is your favourite poet...
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GeorgeR3 on 05/06/2009 9:58 PM
thanks for the etiquette lesson...now i will be like ee cummings
i bet he is your favourite poet...

Actually, it's called "netiquette"!

And to be sure, since people cannot "emote" in writing, when all caps are used, it's commonly understood to mean either STRONG EMPHASIS or YELLING.

But an additional fact of the matter is that it is much more difficult to read large blocks of ALL CAP text for the simple reason that when we read, we technically take in several letters or words at a time. Our brain "consumes" them in "clumps". When large blocks of text are in ALL CAPS it forces the eye to slow down and "read" one letter at a time, which reduces speed and comprehension.

So not only is it more polite, it is probably in your own best interest to type in lower case if your intent is to have your message quickly read and easily understood.

Just sayin' . . .

GeorgeR3 (California)
Posts: 9
Posted:
MicheleD go into politics immediately or become A REALTOR
you will be very successful at both
RobertR1 (South Carolina)
Posts: 5,164
Posted:
George,
You haven't scratched the depth of Michele's talent, no do I advise you to pick a fight with her. Been there, done that, don't work.

In MHO, it is right to say you don't know what the people want. The evidence of a small turn out could mean way more that surfacing a road or not. I would first try to drum of some interest in your association. This issue sounds like a good agenda topic for an annual meeting. I really think the Board is out of line asking volunteers to pay............not from such a disinterested bunch. Hindsight is perfect, it is also helpful and if the Board is going to go out on a limb after a??????election result, I would suggest, they at least have another election to find out how many are opposed to surfacing the road, not the reason so much as how many people is the Board likely to go to court against, because unless it is overwhelming in favor, you are in for a battle.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Geoge,

Frankly I think the BOD is being extremely arrogant in asking for "donations" for a project that failed a vote of the members. Then to state that those h/o's who make a donation will NEVER be assessed for any road project again is totally preposterous. Would that mean I could send in a $10 donation and never have to worry about a special assessment for a road project ever again even though I might live here for another 30 years??? Stupid, stupid, stupid!!! Please tell us the light bulb went on and this plan has been rejected.
DanaB1 (Connecticut)
Posts: 319
Posted:
GeorgeR3,

I live in Ct. but in reading these posts and then doing a quick Google I came upon said link......
http://www.hoa-law.com/publications/special-assessments.shtml

It does seem to me upon reading it that in California the vote is by majority of the quorum at the duly called meeting, with the quorum being the simple majority of owners.

But it also seems, per the article, that a Special Assessment of more than 5% of the budget can be passed by the board under certain "Emergency Exceptions". I doubt your board is aware of this part of the law since they seem to be trying to go through with the assessment in an unethical and perhaps illegal way. And perhaps the work needed wouldn't qualify under the Emergency Exception anyway but I just wanted to make you aware of the exceptions.

Good luck with this.

Dana
GeorgeR3 (California)
Posts: 9
Posted:
You think I should Fear MicheleD ??? from "Kentucky"
now, that's FUNNY !!! we are here to "LEARN" not to pick fights...

and yes, MY HOA in Rancho Mirage, California is acting in a Totally Unethical and Arrogant Way to ASK for Volunteer Contributions from Homeowners when the Assessment was Defeated...Why is that ???
They are the Only Ones who will Serve ???

Seems although I am on the HOA Board...I will have to Retain My Own Attorney...Ah Litigation !!!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
GEORGER3,
What are you trying to tell us in the above? What do we learn about your situation from above?
Well, if you are ready to learn, I will tell you what I learned on this thread.
Right now, you are chasing the wrong Rabbit. You need to bring that association together and start out all over again. Apathy is rampant in many situation and it is also diminished in many more.
You and your fellow Board member better get down off the Bully Pulpit and admit you all are part of the problem. You get some purpose and start communicating and you won't have a road assessment problem.
No one is ever able to solve a problem by contributing to the cause.
If you can't do it as a Board hire a professional and maybe you all would be good at telling them what to do.
This site if filled with problems like your and filled with stories of people that were able to turn their association around. Simply first step you must take as a Board..........communicate, everything else follows, and you all have to do it.
You can't solve the Board problem, go to the people and vote them out and if you are right in your cause you can get support.
But, maybe you are not the one to do this, but, someone can.......believe it.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GeorgeR3 on 05/11/2009 10:28 PM
You think I should Fear MicheleD ??? from "Kentucky"
now, that's FUNNY !!! we are here to "LEARN" not to pick fights...

and yes, MY HOA in Rancho Mirage, California is acting in a Totally Unethical and Arrogant Way to ASK for Volunteer Contributions from Homeowners when the Assessment was Defeated...Why is that ???
They are the Only Ones who will Serve ???

Seems although I am on the HOA Board...I will have to Retain My Own Attorney...Ah Litigation !!!

George, first of all, Robert was being facetious and tongue-in-cheek.

There's no need to go insulting people because of where they are from. You don't know anything about me more than "Kentucky," but I can assure you, were there reason to "fear" me, that wouldn't be the reason. At least not the only reason

I also respectfully have to disagree with your assessment of your HOA board.

They may be acting in a misguided way, but, at least based on what you've shared so far, they don't appear either unethical or arrogant.

Be careful of a concept called "projection."

They may be all that (arrogant and unethical) and more, but just on your few posts, I'm not getting that vibe.

Frankly, they appear to be a board that is trying to get some (apparently) needed work completed for the HOA through the best way they know how.

A 50/50 split in a vote may mean the initiative didn't "pass," but it doesn't mean that the homeowners "rejected" it. Half of those voting did; half didn't.

And a 72% response rate is hardly "apathy." On the contrary, I know quite a few HOAs that would love to have a response rate like that! Members of some of them probably post here. I know we'd be thrilled for a 72% response.

Since you are so ethical and humble, why don't you share with us some answers to the very specific questions that we asked? (You know, instead of coming dangerously close to putting yourself in a position of libel, why not talk about the issues instead of the personalities?)

First of all, specifically what is the road project that the board is planning?

In other words, why does the board (with the exception of you) and half of those homes voting feel it is an important enough project to seek voluntary contributions? (which, unless your governing documents disallow it, isn't necessarily "unethical.")

Second, how was the initiative worded?

Third, what is your objection to the project?

Thanks!
GeorgeR3 (California)
Posts: 9
Posted:
WELL, MY FIRST AND FOREMOST OBJECTION to the "ROADS" PROJECT IS FOR Three Associations 56 HOMES TOTAL OF Phase One --- 22 HOMES, Phase Two --- 12 HOMES AND Phase Three --- 22 HOMES AND THE INITAL BID To Do THE ROADS FOR 56 HOMES IS: ONE MILLION, ONE HUNDRED THOUSAND DOLLARS...$1,100,000 Two Days After my Phase One Voted "NO" on the Project and the Assessment The Bid Dropped to $850,000

DOES THAT SOUND "KOSHER" TO YOU, Michele, in Your State of the Union
Would a Road Cost That Much in a Community of 56 Homes ?

In Any State Would a Road Cost One Million Dollars to Fix ???

or even $850,000 for Fifty-Six Homes ??? I Think Not...
MicheleD (Kentucky)
Posts: 4,491
Posted:
I don't give a flying rat's rear what the cost is.

We didn't ask for the cost. We don't even know what needs to be fixed do we?

We asked what, specifically, the "roads" project is. It could be adding speed humps every 10 feet, for all we know. Or paving 2 miles of road with heirloom bricks. Or it could be badly needed road repairs to roads that have been causing serious passenger vehicle damage due to their disrepair. We don't even know how many miles of roads is involved, either. So how can you expect any response that is anything but, "Yup yup. You done good! They be jerks! DUH!"

And you came here to this site to obtain or accomplish what? exactly?

Did you simply want people to stroke you and tell you what a brilliant, humble, and ethical person you are, or do you have a legitimate concern you need help with? Or do you simply want to complain about people who aren't doing things the way YOU want them to be done?

Or all of the above?

We certainly won't be adding "articulate" to your skill set, nor "courteous," since you failed to answer direct questions with relevant and directs responses and you were asked, politely, I might add, to stop using all caps as it is offensive to YELL AT PEOPLE WHEN YOU TALK TO THEM.

The questions regarding your specific issue that we asked were so directed for NO other purpose than to help YOU work through the issues YOU brought to this board.

We didn't go into YOUR house and start throwing garbage around and then start demanding that you share your details with us.

You came here. Remember? You signed up to talk to us. We didn't troll the internet tubes looking for you.

If this is an example of how you communicate and interact with people, especially with people from whom you expect some sort of assistance, I feel for your board and your community.

For the record (and out of respect for Robert), I'm giving myself extra points for not typing what I really want to say to you.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Michele,

I, too, thought George's BOD to be a bit arrogant in asking for donations for a project that failed a vote of the members. How many members voted for it has no bearing; the fact remains that the measure failed -- it's over and done with. Then to add fuel to the fire they stated anyone who made donations would be exempt from ever having to pay a road assessment again. This is just plain stupid.

Like you, I too would be interested to know exactly what this road project entails. Also, George should be aware that the cost has nothing to do with the number of homes in the HOA but rather with the length of the road and the condition it's in. Hopefully more than one bid was obtained! I agree $1,100,000 is a bitter pill to swallow for only 52 homes.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Mary, that's assuming you believe George. I'm not sure I do.

But the number of votes does matter. It wasn't a "fail," it just wasn't a "pass."

There are enough votes to indicate that this is a concern to some people.

To just dust your hands off and say, "oh well, that's the end of that," is not necessarily the right answer, if, in fact, there really is a problem.

I know I would not stop after one vote. Especially if it were that close.

And that's not "arrogance."

We have had residents vote on an amendment allowing above-ground pools for 3 years in a row. Each time the vote failed, by a w-i-d-e margin (9 for, 175 against the first year, 6 for 75 against the second year, 6 for and 180 against the third). Did we stop the same person from bringing forth the amendment each time? Heck no. There's nothing in our documents that says once a vote does not pass it can never be voted on again.

If our roads needed to be paved/repaired and, as a board, we tried to pass an assessment to do that, and it didn't pass, but the roads still needed repair, I'm not sure that asking for volunteer contributions would be ruled out. I probably wouldn't do it, but it's not "arrogant" for someone to try. I mean really, arrogant?! Come on, they're not demanding people pay up, they are trying to solve a problem.

What I would do is probably reach out to the people who didn't vote, hold in-house meetings with them to find out why not, and work to obtain buy in from them. Then I would hold another vote. And win that one. Then what? Would I be considered "arrogant"? (Okay, that was a gimmee to some of you out there! )

I already made my statement in an earlier post on the alleged promise of not having to pay future assessments, because that would not be within their power to grant. They can do a lot of things outside the box (like asking for voluntary donations), but they most likely can't grant a waiver on assessments.

But there is NOTHING stopping people from organizing a voluntary collection of funds to fix a problem.

The trouble is, we have no idea what is really going on.

And I'm not even sure George actually really wants us to know what is going on. He certainly hasn't wasted any time clarifying things for us.

I think he just wants a place to rant and complain about his fellow board members.

The minute we tried to get further information or clarification, he responded with snark and venom.

Okay. Whatever.

Maybe he'll feel better when the hangover wears off.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Michele,

Frankly, I'm not sure what George's motives are either. He wouldn't be the first to come here expecting us to commiserate with him then get angry when that didn't happen.

Like you, I wouldn't quit either, especially with such a close vote, but, I still think it's arrogant of the board to ask for donations after their measure failed. If some "members" voluntarily offered to make a donation or organized, as you say, ". . . a voluntary collection of funds, that would be a horse of a different color. But, that is not something the board should be doing. Like you, the BOD should be planning another vote on the issue. And, yes, that might be considered arrogant too, but, IMO, not as bad as asking for donations. As you say, the BOD doesn't have the authority to give anyone making a donation a free pass on future road assessments. But, I'll bet my bottom dollar that anyone making a donation will be expecting some special consideration the next time a special assessment is called for to make road repairs.

Just my (some might say "uninformed")opinion of course. LOL
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By MaryA1 on 05/12/2009 9:37 PM

Just my (some might say "uninformed")opinion of course. LOL

**snicker**
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mary and Michelle and all,
I hope you know how great is is to read some of this stuff at 0130 when duty calls and calls and calls.
Since our location rules out city jurisdiction and we have no county demands that our POA don't take care of the SC Statute about condos speaks about a developer maintainning the financial stability of the Regime to insure a healthy association at turn-over, I was referring to a clause that states the developer must put in escrow a specific amount of money that will be placed in a "reserve account". I am not sure if this is the same as a financial reserve account or just a separate account. Now, being they pay lawyers to make their life easier they tacked on at some point a stipulation that the developer can elect to post a bond for this amount. Now, how effective is this? I have no idea, the only thing that seems apparent is this "help" would be hard to turn down. I have a strong gut feeling that at turnover a lot of this stuff gets lost in the dust and money is never transferred to the new association. Certainly, if what we see here on this site, the process of turning over the care and upkeep of a complex is weighed in the developers favor, especially if the appointed Board is developer anointed. Not a fair fight at all, even if the developers lawyer is present to keep the process legal.I would like to see a state appointed ombudsman to insure the association is being treated fairly, even then, I think some paid help should be considered.
GeorgeR3 (California)
Posts: 9
Posted:
MicheleD --- There are Medications that will Help You Deal with Your Anger Management and Many Resources in Your Local Area with
Anger Management Group Therapy BEST WISHES !
GeorgeR3 (California)
Posts: 9
Posted:
Thank You MARYA1 You gave me a Thoughtful Response without the Angry Tirade and I do Appreciate Reason and Courtesy Thanks Again !!!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GeorgeR3 on 05/13/2009 6:24 AM
MicheleD --- There are Medications that will Help You Deal with Your Anger Management and Many Resources in Your Local Area with
Anger Management Group Therapy BEST WISHES !


GeorgeR3 (California)
Posts: 9
Posted:
Michele, Darling...I THINK I AM FALLING IN LOVE WITH YOU !!!

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