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KathrynW (California)
Posts: 9
Posted:
Can anyone help clarify what can be communicated to the owners about regular board meetings by a board member? If a board member is questioned about a topic discussed at a board meeting can the board member share the information? What about written communications to the board from a member that impact the whole membership? Any clarity will be appreciated.
RogerB (Colorado)
Posts: 5,067
Posted:
Kathryn, everything, except what is discussed in an executive session or otherwise considered personal and confidential, may be discussed. We email minutes of Board meetings to all members who have an email address and have completed our Notification Request Form and asked to receive minutes (as well as monthly financial reports).
SherpaH1 (Illinois)
Posts: 2
Posted:
Do the homeowners have a legal right to view their file that is held by the management company as this file currently contains details regarding complaints made against the homeowner and who made the complaint? Even when the homeowners lawyer gets involved (makes a request) - does this information have to be turned over?
RogerB (Colorado)
Posts: 5,067
Posted:
Sherpa, most states have statutes which address members rights to access their corporation files. Unfortunately not all associations provide access to their members- some are not aware of the law and a few chose not comply even when made aware.

All association's we manage have open files for members viewing with certain exceptions. One exception is when the association has established a Rule and Regulation on Enforcement of Covenants and Rules that includes "any homeowner can file a complaint and will be provided anonymity". To honor that R&R we would not provide files which show the name of the original complaintant. Their managing agent investigates, becomes the complaintant, and that name has already been provided in letters to the homeowner who is violating a restriction.

If we receive a request from an attorney they would need to complete the same information request form as an owner and would be provided access to the same information as an owner after providing proof that the owner have authorized them to be their representative. The owner's cost when using an attorney would result in several hundred dollars more to get the same infomation.
HaroldS (Arizona)
Posts: 906
Posted:
Sherpa - you don't say where you live, but Arizona now requires that a homeowner be advised in writing who filed the complaint against them. It also requires the complaint be submitted in writing which would become a part of the homeowner's file. And in Arizona you can have access to your file without being charged "babysitting" time. (They can still charge the board for their time, but not the owner.) They can charge 15 cents a page for any copying you request. Therefore, no more "anonymous" complaints are allowed. This should eliminate a lot of the board's amd management company's time spent on complaints. Harold
DavidH4 (South Carolina)
Posts: 35
Posted:
Fl Statutes require that all board meetings are open to the members of the association, except in executive sessions. Our management company post the minutes on the web site. We have no restriction on what can be discussed with members. Of course it would not be wise to discuss things of a sensitive or personal nature that involves two opposing views.
JamesC (Maryland)
Posts: 282
Posted:
Roger: Your reply;
Posted:09/08/2006 4:43 PM Quote Reply
Kathryn, everything, except what is discussed in an executive session or otherwise considered personal and confidential, may be discussed. We email minutes of Board meetings to all members who have an email address and have completed our Notification Request Form and asked to receive minutes (as well as monthly financial reports).

(as well as monthly financial reports).
Does this include the financial reports detailing the monies owed by homeowners that is being collected by the attorneys? I have asked during our BOD meetings if we could publish their names in our community letter and was told NO because; it would become a legal issue dealing with the right to privacy.

Jim
RogerB (Colorado)
Posts: 5,067
Posted:
James, no the financial reports do not include names of delinquent owners- only the net accounts receivable total. The names are not published. However, this information can not be withheld durning inspection of records IF the purpose the requestor gives for the inspection of accounts receivable records justifies inspection of this info.
SherpaH1 (Illinois)
Posts: 2
Posted:
I live in IL - are you aware of any (potentially helpful) state laws?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Is the compensation that a Manager receives confidential?
Should there be a single entry in the budget that lists:
Salary, mileage, insurnace, taxes, office rent, bonus, telephone expenses, office supplies and any other compemsation, plus total.I would imagine any discusions the board would have with manager about salary or any discussions the board would have separately should be handled in executive session, but the vote on the decision to set the total compensation shouldd be a single line item in budget.
RogerB (Colorado)
Posts: 5,067
Posted:
Robert, the compenstaion that a manager receives is not confidential. Management expenses for salaries, mileage, insurnace, taxes, office rent, and telephone expenses are part of the basic fee. On our budgets our basic monthly management fee is one line item. There are additional minor expenses covered under line items mailings and administration.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Thank you Roger,
This is my initial exposure to this site and I must say it is refreshing to be able to discuss this condo HOA business where you don't automatically had to deal with personal agendas and defensive attitudes. Our budget, I believe, has all the information about the managers compensation but some of it is hidden under other items.
One fund in particular they call a Discretionary Fund. I worked over fifty years and never once did I give any consideration to whether someone knew how much I was making, I didn't and don't care.I also believe that if the manager wants to hide how much money he is making from the people paying his salary, he is in the wrong job. But, we have had three managers in my tenure here and each one guards this information with their lives and so, apparently, other managers of HOA in the area do the same.
Yet, some owners and board members decry loudly that our association has members that are not bashful about asking questions and expecting open answers.
RogerB (Colorado)
Posts: 5,067
Posted:
Robert, if you want to find detailed information on all payments to your management company you can request a viewing the monthly accounts payable file. There should be a detailed monthly invoice from the management company. You can also ask for a copy of the management Agreement. It should have detailed info on the various expenses for which the management company may charge.

Some MCs may try to hide expenses or want to appear to charge less by listing a low monthly basic fee and putting costs into other categories. However, an association usually would not want a "turn key" contract where there is only one charge because it would cost more. The management company would have to charge more because there are always additional services wanted by the HOA which can not be estimated in advance by the MC. Some of those services may be managing delinquent accounts including filing liens, attending extra Board meetings and meetings which last over 2 hours, attendance at Hearings, extra mailings, drafting controlling documents, etc., etc.
RogerB (Colorado)
Posts: 5,067
Posted:
One more thing Robert, I do not consider line items such as Discretionary Fund and Miscellaneous as acceptable accounting practice. So I include some of these under Administration

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