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NancyM2 (California)
Posts: 249
Posted:
One of our newly elected board members wants to start new committee's
01) Contract review Committee.
02) Web-site Committee.
03) Oversite Committee

Since she is new to the board, she asked our "in house" attorney for the quidelines to start these committee's. Our "in house" attorney said she would have to research how to do this and get back to her (that was last week)

Is starting new committee's that complicated? We already have volunteers for these committee's

NancyM2
SheliaH (Indiana)
Posts: 6,964
Posted:
It doesn't seem complicated, but why didn't this board member ask one of the other members? If there's something she thinks those committees should be doing or they aren't doing something as efficiently as they should, it seems to me some simple tweaking of the committee's duties is in order - that shouldn't require an attorney, should it?

Most of what I've read suggest the duties of specific permanent boards should be set forth in the Bylaws, so perhaps that's what this board member was getting at. For my HOA, I believe someone has to propose a resolution stating exactly what the committee will do, the board approves or disapproves it, volunteers are gathered and away we go. If the committee is poorly managed or just doesn't do what it's supposed to do, it's either dissolved (which requires another resolution or motion) or new volunteers are recruited

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Assuming your docs give the BOD power to form committees, and assuming your BOD (not just a single member) wants to form committees:

1. Name the committees.
2. Decide what you want them to do.
3. Appoint willing, breathing volunteers.
4. See what happens.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Nancy,

I'm always amazed that some people want to make mountains out of molehills. As John says, if a new committee is called for then form one, appoint members to it and go from there. This isn't rocket science! And talk about running up legal fees. What exactly would the attorney have to check out???

One question, if I may. What is the purpose of an "oversight committee"?
NancyM2 (California)
Posts: 249
Posted:
Marry, I'm not really sure... I know she was interested in a "ethics" committee, as lots of things don't pass the smell test. Then she thought the word "oversight" sounds a little less threatning.

Oversight committee would also serve as a watchfull eye for the ombudsman who goes out on call's (owner dispute/requests)without anyone else their.. not a good idea as that could lead to he said/she said problems.

NancyM2
MaryA1 (Arizona)
Posts: 7,043
Posted:
Nancy,

Just what I thought -- an oversight committee to make certain the board and the ombudsman are doing their jobs correctly. Frankly, I don't think that will fly. Just think about it. If you were a board member would you agree to a committee whose purpose is to look over your shoulder to dissect your every move? Why doesn't the board have guidelines for the ombudsman to follow? In fact, why does your assn even have an ombudsman?
DwightT (Idaho)
Posts: 664
Posted:
You already have an 'oversight committee'. It's also known as the membership. They have the responsibility to keep the 'watchful eye' on both the Board and the Ombudsman. If the membership doesn't feel comfortable with the way the Board acts, they are also the ones who have the authority and the responsibility to replace them. Any other 'oversight' committee wouldn't have any such authority.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Nancy,
And what would give the "oversight committee" any authority or expertise to monitor the ombudsman or Board? This doesn't pass my smell test either.
NancyM2 (California)
Posts: 249
Posted:
I know you guys, it sounds like a "police state" type of thing to me as well. I agree with Mary, I don't think it will fly. Especally when the present board has given the Ombudsman too much latitude.

What I think they need is a "Association Committee" to go out

with the ombudsman on call's that involve view issues, owner dispute/request issues.. as well as grounds issues. Even though we have many volunteers for the grounds (grounds committee).... He won't use them. He is a "one man" team. The grounds issues take up the majority of his time, which is his volunteer part.

What worries me is if he should become ill or disabled, no one knows what he has been doing, and would leave us compromised. This is also "job security" for him if no one knows whats going on. His Ombudsman salary is 85+ annually.

I think we should have a "Association Committee" of at least three or more volunteers, this way we would have at least one person to accomidate him on call's at a moments notice, as well as someone else their in case their is a "she said/he said" issue. (document everything)

NancyM2

RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
Would we agree this is a great example of a Board member not knowing their job, a President going along with authorizing money for an attorney and Board members siting by and not objecting to this waste of money. That may sound a bit harsh, in view that the Op came here for advise, so I guess my advise to her as a Board member would be to know enough to object to this kind of tactic. At the very least, someone at that meeting should have gotten up and objected to this kind of expenditure. If I understand, this all still hasn't sunk in because they are paying an attorney to find out how to form committees, which amounts to paying her for not knowing and paying again to find out.

I see some deep problems with this board, does anyone else? I am not suggesting you can the lot, just, for starters, the President putting out some kind of informational sheet to all board members about how a board operates and the basic components of a Board and how the organization will be structured.

It is not like all this information is "private" or "secret".
DonnaS (Tennessee)
Posts: 5,671
Posted:

Nancy,
How large is your association? Is the Ombudsman an attorney to warrant an $85,000 salary?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Your question about the 85K rang a bell. We have been over these questions with Namcy before.
Nancy catch us up to date on how we left this the last time this ombudsman salary came up. Also if I recall right you have some other very high expenses for a PM or C/M opr something.

You post of late was acoubt appointing committees. If I recall right you have a large well financed management, the earlier question was how much you should be paying for this stuff. I also recall, I think, that no one posting here could justify 85K for an ambudsman to sit between the owners and the management. I still would question this, however, are you satified about the Committee question and do you want to open other doors and which ones from the previous posts.

If nothing has changed from your last post, did we give you any advise at that time.? What's going on?
NancyM2 (California)
Posts: 249
Posted:
Robert...I loved your comment about paying a attorney for advise, then paying her again for not knowing..(my point exactly)

You will remember my posts, as I have been fighting this overspending battle for six years now. I am presently not a board member, I used to be the treasurer six years back. So I understand our finances. I, and other have voiced our concerns many times at meetings, to no avail.

So we took the "bull" by the horns, launched a serious campaign to get elected three new board members this last election, May5th. Only two made it on the board.....So they are fighting a hard battle. As the three remaining board members want to keep the ombudsman, and "in house" attorney.

Your past (good) advise was to lose the ombudsman, and attorney..... Were trying....I haven't given up yet.. With all my HOATalk friends helping out.

NancyM2

NancyM2 (California)
Posts: 249
Posted:
Donna, 575 single family homes, no aminities....No good reason to pay 85+K other then he is a friend of the three remaining (old) board members
NancyM2
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Now, I remember more.
When you took the bull by the horns and were able to get two new members elected to the Board, I hope you didn't disband your supporters. I would use those supporters and get more to go to Board meetings and have some serious discussions and critical looks at your financials. 575 units times (say) 500$/yr = $287,500.00. Now I don't know what your assessment is but (and correct me if I am wrong)85K is a big hunk and if you add the PM and the C/M, you are taking big Bucks. I suspect you are a little shy on Board numbers also, 7 seems to fit better than five, for exactly the problems you are running into. But who knows. If nothing else try and force the board through comments and suggestions at Board meeting to release a job description of your employees and find out not only what they are getting paid but what other benefits go with the position.

Lets take the position of the opposition for a second. If they feel this person earns the money then tell the owners what he does and all that is covered by this kind of salary. You fell a little short in your last effort, keep at it and get more information and make more noise, you have an absolute right to know how your association is run, but you know that. Dig deeper, be fair, encourage dialog every chance you get, and be open and solid. As I am sure I said this before. you sound smart enough to stay out of trouble.

The committee appointments is crazy. Ten to one your documents spell out the authority for your Board to appoint committees. If not, make a resolution to do it, and then later on include this authority in your documents by amendment.
NancyM2 (California)
Posts: 249
Posted:
Robert, our dues are $161.00 monthly.... $1,932.00 annually.

For 575 single family homes, with no aminities...this is crazy. Now you know why I'm complaining. We pay our PM $130,000 annually. And our salaried attorney $150K+ when she knows nothing, and does nothing. All she does is go to all the meetings, and wipes the board members noises. The ombudsman salary is just a drop in the bucket compaired to the total picture.(do I sound discusted)

I agree, we don't need a lawyer to start a new committee, as in "contract review committee" (which never has happened before) The trick will be to get the remaining three (old) board members to agree to opening that committee. They like the present "statis Quo"

We plan to keep on them until they agree to look into this overspending... Which will be when "H***" freezes over. Too many of the boards buddies milking this "cash cow"

Thanks for all your support, I plan on keeping on this until our owners get a break, and dues are reduced.

NancyM2

P.S. Our "in house" attorney has been resurching this for over a week, and still hasn't got back to our new board member.

RobertR1 (South Carolina)
Posts: 5,164
Posted:

That's $1,110,900,00.
Your salary for PM and Attorney and Ombudsman totals $365,000.
That leaves $745,400 per year.

You must have other expenses or one hell of a Reserve account.

Is your PM an employee of a M/C or just a walk on manager? How old is your HOA? When was it turned over and did you bring anyone over from the developer's organization.

Also, on the surface, how can you maintain a non-profit status with all this income. Loosely and exempting a Reserve account and some cash on hand, you should be coming out just about even each year, special projects aside, but if you own nothing, what could a special project be for. You don't give each new owner a golf cart or something, do you.

I hope someone else will comment on this and see if I am looking at this right. How about it "ya all". SC talk.

There has got to be the rest of the story.

NancyM2 (California)
Posts: 249
Posted:
Robert, Our reserve is 97% funded at about one million dollars.
We do have 90 acres of greenbelt, with several railroad tie steps to maintain...some v ditches, a few park benches..And three small park areas.

The good news is we were devoloped over 30 years ago, so the city owns our streets, which could be a big ticket item if we were to own and maintain our own streets. Our homes range from 2000 square feet to 5000 square feet. Several of our homes have ocean views...Mostly upper end homes, some custom, eight different devolopers built in our community, so we are not "cookie cutter" homes.

We do have a professional Mgmt Company handleing us.. The reason we have maintained non-profit statis is we spend every penny on high salaries.... (therein lies my frustration) Our operating contingency at the end of each month is "upside down" ....ZERO.... We take the interest generated from reserve securities to offset the shortfall.

Hope this paint's a better picture.

NancyM2
KirkW1 (Texas)
Posts: 1,665
Posted:
My guess is that the new board member was told that he/she would have to run the idea of a new committee by the attorney. If you have one with nothing better to do, then it makes (painful and ugly) sense. But it is also a nice way to keep the status quo and wear down the new guy with all these ideas.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Nancy,

You need to keep reminding the board members that the Ombudsman and the Attorney are NOT needed and that the assn could save $235,000. This equates to a savings of $409 per member/ per year. These figures are staggering. With a membership of 575, you will always need a management co, so I haven't included the PMs salary. Frankly, I've never heard of an HOA needing an "in-house" attorney. Some HOAs do have an attorney on retainer, but I believe the majority only use an attorney when needed. So far this year, my assn has paid "legal hard costs" in the amount of $845 and "legal collection fees" in the amount of 1004.92. The latter will be billed to the individual delinquent members. There are 1,702 homes in my s/d. As for the Ombudsman, an Architectural Committee could perform his duties at no cost to the assn.

You need to keep hammering these costs to the board members until they realize what a waste of money this is. Don't they understand they too can save $409 each year? I don't know about you, but I consider that to be a substantial savings.

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