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BillF5 (Georgia)
Posts: 25
Posted:
I'm a on the BOD of my HOA and recently we've had a disgruntled homeowner send a series of very argumentative emails to just some select members of the BOD that accuse the left out board members of improper behavior. It's obvious that the goal is to create divisions and arguments amongst the BOD in order to force the removal or resignation of the board members they do not like. The emails from the homeowner were disclosed to the board members being targeted and the BOD informed the homeowner by email that they understood his concerns, did not see any validity in them since this homeowner did not have all the facts, and asked the homeowner to please attend the next board meeting where the issue could be discussed in an open forum.

The problem is that the disgruntled homeowner then continues to send emails with additional accusations and wanting to have the issue worked and resolved through an email discussion. The homeowner sees the request that he come to a board meeting to discuss the issue as an attempt by the BOD to shut them out. The BOD believes that this type of discussions should not take place using email or even using neighborhood street discussions, but that it needs to be discussed in the open and face to face at the monthly HOA meeting where meeting notes are taken to record exactly what the issues are and how they are to be resolved.

I would be very interested to hear the opinion of other forum members on this example, and how proper is it to use email exchanges to discuss and resolve disgruntled homeowner issues.
AnnJ2 (Colorado)
Posts: 120
Posted:
In my humble opinion the Board's response was right on target. If you ahve management all owners should be directed to send all communication through that person or company to then be distributed to all members of the board.

In this sort of situation we have had a notice sent to the disgruntled owner that no further accusations will be addressed or accepted via e-mail and any concerns need to be addressed to the board at a meeting. Invite them to the meeting or even have a special meeting just for this subject. Then if they do not attend discuss the concerns, resolve the matters internally then provide the owner(s) with the results and any resolutions to include a statement that the board now considers the matter resolved.

some people just like to complain but are not that upset that they will do so in public and in person. If the accusations have any weight actual or perceived it might be well suited for a dissemination of the complaint and the resolution by the board to the full membership.
DanaB1 (Connecticut)
Posts: 319
Posted:
Ann nailed it Bill.

Bill, do you feel that the board as a whole is on track? Is there any validity to this person's emails? If not, then Ann is correct that some owners just like to complain to those they "trust" on the board about things they, with their limited knowledge, view to be wrong.

Being a board member I've found you make some "friends" and lose others over the difficult choices you need to make in upholding your fiduciary duty to the association. Board members are often viewed as "used car salesmen", in that we just can't be trusted. That fact that many owners don't understand why we'd volunteer for the position unless we were getting kick backs from contractors/vendors or in it so that "our own property needs" were put first (this last part has some truth as anyone here will atest as we all know certain individuals that do that LOL).

Dana
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bill,
I also agree with Ann and Dana, albeit, I have a little problem with just throwing a blanket on the whole business and labeling it just "troublemaker." I have been on the other side of a few boards that or I should say a few board members will consider anything I got involved with was an attempt to cause trouble. But it general I agree and am a big fan of a Board member inviting any disgruntled member to sit down and talk privately over a cup of coffee, that is not always productive but the Board never knows where these things are going to end up so a record of an attempt at conciliation is always good.

There is one thing I picked up on from Bill's post. He refers to this one person causing the problem and further into his e-mail he makes reference to "them", if I am not mistaken. What does "them" refer to?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bill,
Using e-mail to do Board business is a tough nut. It is there, it is going to be done more and it has already caused concern. I would say don't devevolpe the habit, DO NOT vote by e-mail. Vote only at a meeting. Some say if a quorum of Board Members sit down to discuss a matter, that constitutes a meeting with all the requirements.

Or even if a quorum is present in a room and board business is discussed. I believe that to be a good policy. Of course, a good President will shepherd his flock of stewarts around, over and under all these little things that can prevent the flow of business. There are ways to do this and still maintain transparacy and openess. Board workshops seem to allow a little flexibility if done right.

Board members e-mail each other all the time, that's the way it goes, members e-mail board members also, members discuss Board Regime business all the time via e-mail.
MicheleD (Kentucky)
Posts: 4,491
Posted:
First rule of email: Do not put anything in an email that you would not mind seeing on the front page/above the fold of your local newspaper.

Email is a nice "tool," but it's not a replacement for face-to-face interaction.

I see nothing wrong with board members sharing informational things through email. I see nothing wrong with homeowners using email to contact the board and either ask questions or report a potential CC&R violation.

It (email) can be used quite well to coordinate time-lines, progress projects, and disseminate time-sensitive material.

It can not and should not ever be used to harass and intimidate. We've had homeowners on occasion do just that.

We responded exactly as Ann describes.

"Your concerns are noted. We will proceed as necessary. No further email communication from you on this topic is required, or will be accepted. If we have further questions or require additional clarification, we will contact you. If you have additional concerns, we will schedule a face-to-face meeting to discuss them."

BillF5 (Georgia)
Posts: 25
Posted:
Wow , what a great forum thanks for all the replies !!!

I just found this forum yesterday and after reading thru other discussions it seemed like a good place to post my questions and get useful and helpful responses. After carefully reading all your responses I feel better that my BOD is taking the correct actions with regards this issue.

AnnJ2 - thanks so much for the valuable feedback, it's good to hear from an external source that our BOD is correctly responding to this situation

DanaB1 - yes I do feel that the board is right on track and doing all the proper things to keep the HOA healthy from both a communal and financial point of view. The disgruntled owner clearly has personal issues with the board members being targeted and will cease any opportunity that presents itself as reason enough to go after them.

RobertR1 - it's only one person causing the problem and sending the emails, but this person is a bit of an activist and will go around the neighborhood trying to convince others to follow (hence the concern that this could needlessly escalate). I don't think that anything the BOD has done in responding to this homeowner is an attempt to label him as a "toublemaker". Although the BOD believes that the accusations are groundless, they are important enough that they need to be resolved in a proper forum and not with email exchanges.

MicheleD - excellent input ! I think our BOD is doing exactly what you state, the case we're currently dealing with is clearly a case of trying to "intimidate" the BOD into acting in a way this disgruntled homeowner wishes it to act. Your quoted response is almost word for word how our BOD responded to this situation.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Bill,
My nature seems to be if someone is yapping about something I would much rather they do it to me than about me. This guy making all the noise may not be all bad, he make be looking for something to get involved in, he made have had experiences with a bad board, he may feel intimidated by coming before a board, he may be uncomfortable about speaking in a formal setting, and of course he may be plain fun of crap and trouble no matter where he goes.
I like to get into this kind of conversation because I get to quote one of my favorite sayings and I am not suggesting it fits your problem, just a consideration. Lyndon Baines Johnson said at some point to his cabinet about a member of congress that was giving them fits. "Well I want him inside the tent pissing out, and not outside the tent pissing in."
BillF5 (Georgia)
Posts: 25
Posted:
Robert1 - yes that's a great quote from LBJ. A lot of smart politicians tend to follow this same principle. In fact, some believe that the Hilary Clinton for Secretary of State, and the recent Jon Huntsman China ambassadorship are just this type of strategy being employed by Obama.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bill,

What has not been brought up here so far as the fact that California has open meeting laws and your Board, partial Board or single member of the Board cannot have an e-mail meeting. Tell this guy Thanks for his input and get back to normal. If he continues, I know that my e-mail has a BLOCK SENDER feature. No member has the right to be more special than the others. He follows the meeting procedures or he is ignored by the Board. Simple! He has been clued in and apparently does not understand English.
BillF5 (Georgia)
Posts: 25
Posted:
Donna,
Thanks for the informative response, I'll look into the California open meeting law. It's obvious that the use of email can be a slippery slope when dealing with an HOA. I'm relieved to see that it appears that my BOD is approaching this particular situation correctly and handling it in a proper and lawful manner.

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