Decisions made for final proposal of changes to Homeowner and Hoa maintenance responsiblities.

JoyceB3 (California)
Posts: 20

Posted:

All board members were at the beginning in on rewording or clarifying, how some of these were written. Each of us giving input on a continuing basis to help make changes in the responsibilities, somehow all of a sudden the management had a final proposal of these, in homeowners mailboxes. Reading over this listing up for votes, at least two of us realized we were not consulted nor informed, that it was a finished thing and ordered to be printed and mailed out. We do not see on these changes that some of the most important issues were carried through. It is a mess. I have emailed other members of the board and after five days, have no responses to address my concerns.
Have any of you on the board of directors in an HOA had similar circumstances. If so how did you did handle it. My understanding was
the bod had to approve together the changes and then management to present board with a draft copy, before going to print and into mailboxes for homeowners vote.
joyceb3

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SusanW1 (Michigan)
Posts: 5,202

Posted:

What are you talking about? Bylaws, Rules and Regulations, CCRs? Apparently you need the approval of the membership for this to pass.

It is important that the proposed motion be worded so as the members understand exactly what they are voting for. Your documents should outline WHO writes the proposed drafts that will be presented to the members for vote.

Ideally, the board should have appointed a committee who would have come up with the wording, then the entire board approve the wording of the proposed motion. (the board can then even give its "blessing" to the motion - or not)

SusanW1 (Michigan)
Posts: 5,202

Posted:

PS - by the board "approving the wording" - I meant that the board has made sure that the proposed motion is not in conflict with any other documents, is workable, and is in the best interest of the HOA.

JoyceB3 (California)
Posts: 20

Posted:

These changes that the board was discussing , were at least two of us thought still in the discussion stages. Management nor the President of the board informed the secretary and myself that it was a done deal. This thing in the mail to homeowners was a complete surprise. It was poorly presented as a whole approval vote, not a selective vote on each item of proposed change, which I did not feel was a correct way of being presented. Our documents state this sort of thing must have a 67% vote to be accepted.
What a waste of money and payment to the management co., not to mention some us trying to research and have facts to do things (in the best interest of the HOA.)
Thank you for your reply,
Joyceb3

MaryA1 (Arizona)
Posts: 7,043

Posted:

Joyce,

I'm thinking the amendment is to your CCRs based upon the vote % requirement you've stated. I cannot see that the board has violated the Davis-Stirling Act and you don't state they've violated the amendment procedure outlined in your CCRs. The fact that you are unhappy with the proposed amendment as transmitted to the members is meaningless. The BOD has the authority to come up with an amendment that they feel is in compliance with law and the gov docs. Although I do agree each provision of the amendment should be voted on separately, if there is no requirement outlining this in the amendment requirements then the BOD can get away with this tactic. I'm sure the BOD thinks what they have done to be in the best interests of the BOD also. IMO, that's a judgment call!

JoyceB3 (California)
Posts: 20

Posted:

Mary,
Your interpetation of the board members doing what is of the best interest of the homeowners, is totally incorrect. The secretary and myself, Member at large, were all of a sudden cut off from any discussion of the final proposal sheet. It was done in haste, by the other board members, partially due to the management agent, sending an email, which I received a copy of also, to hurry up so she could get it to the attorney and have the amount of time needed to get the proposed changes into the mail for a ballot vote. At least a half of the wording was completely different than the secretary and myself had discussed with the other board members previously. The meanings on some of the agreed items were completely
changed. The instruction sheet to the voters must be a form sheet and they insert dates, ballots must be in and the date and time for the meeting. I discovered a bad mistake the agent made and emailed her right away, asking her and the president to proofread the printed copy that went to the voters. On the voters instruction sheet, it told the voters they were voting for an election of Board of Directors, which is certainly in error. The proposal are clarification of Maintenance Responsibilities of HOA and Homeowner. Added are some restrictions that are new and some deleted that were originals thirteen years ago.
The agent replied by email and offered an apology and thanked me for catching the error. Even after several emails to fellow board members with some suggestions, they have not responded to me. I think they should at least give me the respect of a reply. So far nothing. It is no wonder the homeowners are feeling confused and not trusting the board of directors. If we paid an attorney for reviewing this, he did not do his job.
Joyceb3

and

JoyceB3 (California)
Posts: 20

Posted:

Mary,
Your interpetation of the board members doing what is of the best interest of the homeowners, is totally incorrect. The secretary and myself, Member at large, were all of a sudden cut off from any discussion of the final proposal sheet. It was done in haste, by the other board members, partially due to the management agent, sending an email, which I received a copy of also, to hurry up so she could get it to the attorney and have the amount of time needed to get the proposed changes into the mail for a ballot vote. At least a half of the wording was completely different than the secretary and myself had discussed with the other board members previously. The meanings on some of the agreed items were completely
changed. The instruction sheet to the voters must be a form sheet and they insert dates, ballots must be in and the date and time for the meeting. I discovered a bad mistake the agent made and emailed her right away, asking her and the president to proofread the printed copy that went to the voters. On the voters instruction sheet, it told the voters they were voting for an election of Board of Directors, which is certainly in error. The proposal are clarification of Maintenance Responsibilities of HOA and Homeowner. Added are some restrictions that are new and some deleted that were originals thirteen years ago.
The agent replied by email and offered an apology and thanked me for catching the error. Even after several emails to fellow board members with some suggestions, they have not responded to me. I think they should at least give me the respect of a reply. So far nothing. It is no wonder the homeowners are feeling confused and not trusting the board of directors. If we paid an attorney for reviewing this, he did not do his job.
Joyceb3

MaryA1 (Arizona)
Posts: 7,043

Posted:

Joyce,

For whatever reason, I didn't catch the fact that you are a board member. I thought you were a h/o complaining that your suggestions were not considered. Sorry about that!

I agree you and the Sec should have been in on all the meetings and discussions regarding this amendment. You and the Sec should certainly have a little talk with the Pres and let him/her know that you expect to be notified of all meetings of the board and certainly do not appreciate being left out of some of the discussions regarding this amendment. Point out the errors that you found too. Of course what's done is done and that can't be changed, but let him/her know that you hope it will never happen again. If you have a good relationship with the other board members you may want to express your dissatisfaction to them and just plant the little seed that if it happened to you it could happen to them. A director can be removed from his officer position at any time!!

JoyceB3 (California)
Posts: 20

Posted:

Mary,
Thank you for your reply and understanding of my situation here. I have not to this day gotten any reply from other board members about this, nor has the secretary. It would be great to have a sense of teamwork about our responsibilities to the homeowners. I believe your suggestion having a talk with the fellow board members might be good, before this goes any further. I, of course emailed them and management right away concerning this whole issue. The rush to get it done, the errors and confusion it has caused among, at least that I know of eight homeowners. They are voting disapproval on all things and want to have it discussed at the next meeting
This is not at my urging or influence. They have come to me, stating the whole proposal as being badly put together and confusing. You are correct it is a done deal, but now all the time effort and money, the homeowners money has been a waste. Now we have to start over on these changes. I just like to see our efforts more organized and showing some common sense.
Thanks again,
Joyceb3

MaryA1 (Arizona)
Posts: 7,043

Posted:

Joanne,

Ah common sense. Ya know, common sense ain't so common!!!

JoyceB3 (California)
Posts: 20

Posted:

Mary,
You are so right!
The president finally emailed me concerning these proposals, saying they stand as printed and people will just have to figure it out themselves. I do not agree, of course, but whats done is done, I guess. It will be discussed at our meeting in July, which is when we count the ballots. I will bring up ways of attempting to make something like this go better. One thing I have suggested and will at the meeting is, to itemize each proposed change with voting boxes beside them for yes or no votes.
Thank you for your comments,
Joyceb3