Time frames for new Board member name release

Started by GraceH • 11 replies • 1098 views

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GraceH (Virginia)
Posts: 224

Posted:

Can anyone tell me if there is a time frame in which the BOD should release information as to the new Board Members appointed?

Last month, our Condo Board appointed 2 new Board members. The 2 did not attend the board meeting so we were told that everyone that submitted a bio, would receive a letter of the outcome. Yes we received a letter stating whether or not we were appointed, however not the names of the appointed. It has been more than a month and now or Board meeting for Monday has been canceled and we still do not have names. Our web site still says pending.

AnnaD2 (Florida)
Posts: 960

Posted:

Hi Grace. Did this happen at a board meeting? Or was it decided behind closed doors? I'm not familiar with your open meeting laws so I'm curious how this happened. If it was an open meeting I'm sure that SOMEONE must have heard who was appointed. Is there anyone you could call to get an answer? I find it odd that the two people appointed didn't even bother to show up for the meeting.

But as I said.....I'm not familiar with your laws.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Grace - the minutes of the meeting should have the info you requested. Simply ask for a copy of the meeting where the appontment took place.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Grace,
Anything else going on about this appointment of new members? Any contention, any complaining?

Your post is confusing, you say the names were not announced but those that submitted bios were told if they were selected or not.
Do you mean they were told privately and no one is talking or what.

Have you tried the direct approach and asked a member or the President of the Board? I think that is what I would do.

GraceH (Virginia)
Posts: 224

Posted:

Thank you all for responding.

Anna and Susan,
The vote on the appointment took place during Executive Session. No minutes available to Homeowners.

Robert,
Yes, there is contention as the 2 out of the 4 that put Bios in, have not attended meetings. They did not even attend last month in which they were appointed.

I was informed in writting, that I was not appointed, so was another Homeowner that has been attending meetings. No mention in the letter as to who was appointed. And now, more then a month later, the meeting is canceled which means we will have to wait another month before the names are released. I guess, I was hoping that there was a time frame for the announcement so that we can argue the secretive way they are handling everything. (which is under direction of the PM.)

Being that it was done in Executive session, I did not want to put my neighbor (who is on the board), in a position that might make her feel awkward by asking who has been appointed.

After Executive Session, we had our Board meeting nothing was said of the appointment until I asked at the end who was appointed and was told that they would be notified.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Maybe NO ONE got the appointment!

I don't understand the secrecy - and filling a board vacancy does NOT warrant ES, IMHO.

GraceH (Virginia)
Posts: 224

Posted:

Susan,

I don't understand the secrecy either, except that the PM has been like this ever since we have started questioning the way the association has deteriorated physically and financially.

I just wonder if the 2 that apparently got appointed were asked to run by the PM. I would not put it past her to get 2 more board members that will allow her to continue the lack of transparency that she has established.

You mentioned the ES, am I correct in saying that a vote in ES has got to go to the open meeting? If so, is there a time frame for this to happen? The vote was done in the ES immediately before the open board meeting.

I agree that this did not warrent ES, however the PM is having a field day with ES to keep the Homeowners in the dark. We are working on getting rid of her.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Grace,
At the risk of being declared a "Board Basher (again)", I will venture to say from what you are relaying to us your problem could well be the inaction and disregard for transparency and a hands off posture by the Board to abide by requirements of your documents.

What you are describing is a pattern of management by the Board that has put your association in harms way. Your posts taken as a whole define many problem areas.

This ES procedure that should not have been an ES is one of them. I risk my reputation if I make a damning claim that your board is way off the track, but on the other hand, that is my opinion and I'll give it.

The ES was not conducted properly.......period. If all else was proper and the business conducted at the session results in a vote or any action by the Board, then that action has to be announced when the next Board meeting is opened, and a vote must be announced. If the Board met in ES and, as proper, the reason for the session was noticed, then it is proper to address that notice at close of ES.

Your frequent mention of the PM is certainly a consideration and since your group (as you indicated there is one)has a right to question her perform ace and conduct before the Board. The owners can not fire the PM, they did not hire her. The owners can address the Board at a special or regular Board meetings if your documents allow. You can read your documents for further actions the members have rights to pursue. I hope you all realize that you are putting it all out there, and you will be taken to task by the PM (by description has way too much influence and power), by members of the Board and by members of your association. The situation you are complaining about will be seen by certain board members as areas that only the BOD should address and only they have the legal power to make decisions about corrections.

So, if you want to go down the road of the discontent, you better be able to take on the establishment in some areas.

Proper and reasonable, before you make any decisions about your direction, your group should put your cards on the table before the Board in open session (if the Board agrees to hear you). A record of your concerns should be recorded and noted in the minutes.

Please post and give us reports of how things are going.

GraceH (Virginia)
Posts: 224

Posted:

Robert,

I agree with everything you said.
We are trying to bring everything out in the open, however, it has been done for the most part during Homeowners Forum which is not documented until we request that the item be brought to the next meeting as an agenda item. This might I add, has been a very long and frustrating process, because the PM will not put all requests on the agenda. Also, there have been some issues that we have not wanted to give her a heads up on before the Board and other Homeowners were present. I know that sounds bad, however, she has lied too many times to give her the benefit of doubt that I would trust her not to destroy a document.

I do understand that only the Board can fire the PM. The petition that we have to seek termination of the PM is so that we can show the board how many Homeowners want to get rid of her. We are hoping that for a change, they will actually take into account what the Homeowners are requesting/demanding.

Robert, I do not know if you would consider contacting one of us off this site, however I could fill you in on a lot that cannot be said at this time in the open. My email is [email protected]. Also, if anyone else that has been so helpful, would like the hidden story, please feel free to contact me.
But please put HOA in subject line as I do not open mail if I do not know whom it is from.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Grace:

Look in your bylaws and see the REQIRED number of directors.

That is what should be enforced. The Board has an obligation to fill those vacancies ASAP. Homeowners should demand a full and active board.

Contact one of your board members and ask WHEN the homeowners can expect to see a full board in operation I am not sure why your PM has so much influence in subjects like this (board member vacancy), but it is not a good sign.

Your president needs to get back control of the board's authority.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Susan,
I certainly agree the Homeowners have an absolute right to competent management and effective Board control.

There is a lot between the lines in this post (believe me) and Grace and Co. seems to be trying to right a bad situation and are having trouble getting to the point they can converse with the Board and management. How do homeowners break down that facade that builds up around the "ruling class", so to speak? The average Homeowners (me included) fall short in their responsibility to proptect the association. Apathy is one reason but there are others. Observation on this site in similiar cases seem to suggest that persistence has it's rewards and if the castle walls start to crack the castle starts to fall apart. I really don't know what triggers this effect specifically and if any one knows of a surefire way to get inside a situation like this (as described), it would be helpful. I don't see it as a chance to damn anyone but more a search to right the ship, who cares who is at fault after the change is made, as long as criminal actions are not involved, or there is deliberate efforts to circumvent the governing documents. If there is nothing involved but poor management, both sides should welcome a change.

GraceH (Virginia)
Posts: 224

Posted:

Susan, we now have the 7 Board Members as the By-Laws state, however, the 2 that were appointed at last months meeting to fill the empty seats, have not been announced. And now this months meeting has been canceled. We sit in limbo.

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