Discrimination

Started by RosalindD • 4 replies • 1854 views

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RosalindD (Wyoming)
Posts: 1

Posted:

Everyone in our association is a homeowner, 80% of these homeowners live and vote in a different area. My question is since we are all homeowners and equally recieve one vote in this association, how can this association have on it's by laws that the 9 BOD should consist of 4 full time resident, 4 part time residents and 1 either or member. Also, of the 4 full time resident, 3 must take an office: 1 has to be the President, 1 the Treasurer and 1 the Secretary. I feel this is discriminating and is against the law of the land, since the only requirement to be a member of this association is the ownership of a home and paid yearly association dues. Why shouldn't any member willing and able to perform the duties of the BOD be elected?

CharlesW1 (Georgia)
Posts: 826

Posted:

RosalindD,

You had asked the question, why shouldn't any member willing and able to perform the duties of the BOD be elected? I hear your frustration! I can’t speak on behalf of your entire community. In my sub-division in order to run for the BOD, 1- your name has to be on the deed, 2- you have to be current on your dues, and third, you have to be a resident living in the sub-division. No part-timers! These are all criteria listed in our CC&Rs.

I’m going to share with you my experiences as a HOA member in good standing, never delinquent in my dues, on no account have I ever received a violation letter, let alone a fine of any sort. I am running for the position on the board, in our community.
In order for me to take position on the board, I must be current on my assessments. My name has to be on the deed. I have to be a resident in the community. All of these things I am, Yet in order for me to be elected to the board. I must receive votes from 25% of the members in my community whether they are present or not. How is that fair??
I hope, I am explaining this clearly to you. We have 275 homeowners in the community. Our CC&R’s require 25% of the total eligible members to vote, either by being present to vote or by filling out a proxy. I don’t agree with this at all. I feel if you are not at the meeting or you didn’t submit a proxy then your vote shouldn’t count against me, who is very eager to “volunteer”, my time! Is this making sense?

I apologize if I am incorrect. It sounds to me like you may not qualify to be a board member, for whatever reason maybe. The positions for the full time residences were filled. I’m guessing you are a full time resident, and you meet all the criteria to be a board member or you don’t. I’m sure there a number of reasons why you feel you are being discriminated against.

I can see how this may differ from my present situation, in that you have full time and part-time and a either or?? HMMMM Well that is good to know that you have that many too volunteers. In my community we have four positions to fill for the board which consists of President, vis-president, Treasure and Secretary. You didn’t mention VP. Do you have a VP position? We can’t even get four volunteers, so the three of us will have to perform to the best of are ability with who we have.

I seriously hope someone will be able to give you some addition advice with this particular situation.

Interesting post.
Best of luck
Chuck W.

Charles E. Wafer Jr.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

RosalindD,

First things first. Do your by laws state "should consist", or "shall consist". There is a dramatic difference between the two. Should consist means ideally, but that it is not a requirement. Shall consist means "must", and that IS a requirement.

My question is, what happens if the full-time resident becomes a part-timer, and vice-versa?

Your by laws seem to have been developed to structure your governing body to create a mix of board member input based upon the amount of time a resident lives in your association. Rather than based job performance as a board member. However, it's the "either or" board position that seems to have been added to break a tie in the unlikely event that part time and full time members are split.

Read the post titled "Resignation" by CarlaW, your association seems similar to hers, are they one in the same? If so, there is a bigger issue going on where it seems a 5th full time resident is one of those filling the full time board member slots.

Someone in your hoa should do a statistical analysis to see how many times a part timer or full timer was elected to the "either or" board member position. IMO, this would represent the fluctuating will of the people over time in relation to residence status.

GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By RosalindD on 09/11/2006 9:51 PM
My question is since we are all homeowners and equally recieve one vote in this association, how can this association have on it's by laws that the 9 BOD should consist of 4 full time resident, 4 part time residents and 1 either or member. Also, of the 4 full time resident, 3 must take an office: 1 has to be the President, 1 the Treasurer and 1 the Secretary. I feel this is discriminating and is against the law of the land, since the only requirement to be a member of this association is the ownership of a home and paid yearly association dues. Why shouldn't any member willing and able to perform the duties of the BOD be elected?

Rosalind, I agree with you and think you should change your By-laws.

BrianB (California)
Posts: 2,820

Posted:

i am curious, what "law of the land" are you claiming discrimination under? What law is on the books that you feel is being violated by a group of business people requiring that the folks who run the company actually live in the area under their control?

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