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PattyB1 (Kentucky)
Posts: 40
Posted:
I was voted in as Vice President by a majority of the homeowners in our subdivision.Before the election,I had never met the other board members. They have been close friends for several years and nobody ran against them,a friend of theirs ran against me and lost.We're all new at this,but I'm having a problem with the treasurer.Invoices were sent out for collection of dues,I've asked if I could see a list of people they were mailed to and I have been told that it is not my concern who is or is not paying. The treasurer then had the President send me an email asking me to leave the money situation alone as that is not my job.If a homeowner asked me right now how much money we've collected, I couldn't tell them. We did not discuss it at our last meeting,and since then I've asked for information on our finances two times and I'm being ignored except for the one email from the President.The secretary asked me to write a letter of enforcement for a truck (semi) parked in a driveway that has been there for three months,because nothing else has worked. She does'nt have time,that's what she told me. The letter was a reminder of our restrictions and gave him 10 days to move it.After twenty days,the semi still sits there.I would love to see our association work together but I really believe they have no interest in working with me.I have gone door to door and met with neighbors to remind them of meetings and to discuss their concerns,we all get along fine. What can I do to get the other three board members to fill me in on their discussions concerning the association so I do not look like an idiot at our meetings?PattyB1
CharlesW1 (Georgia)
Posts: 826
Posted:
PattyB1,

I hope to read some good advice given to you by the other members of HOATalk. I congratulate you, on perusing your interests and getting involved with your community. I’m running for position on our BOD as well.

I’m trying to avoid that same scenario. It’s too bad. That makes my sick to ever hear of such a thing.

I wish I could give you some advice. I’ll be following alone with you and learning with every response you get.

Best of luck to you
Chuck W.

Charles E. Wafer Jr.
RogerB (Colorado)
Posts: 5,067
Posted:
Patty, it appears that your fellow Board members do not understand their responsibilities. While it may not be your your job to collect assessments it is your responsibilities as well as their's to monitor the finances of the association. You do not need to see the list of delinquent owners but should get regularly secheduled financial reports which include accounts receivable information such as the total number of delinquent owners and net amount of accounts receivable as well as an income statement and balance sheet.

For Board meetings you could ask the Board to establish the procedure to deliver in advance a Board packet which includes the agenda. The purpose is to prepare for each Board meeting to help the meetings run more effectively.
DonN (Michigan)
Posts: 357
Posted:
You will likely have to create a significant emotional event for the other board members. First, it sounds like you are into a game of hard ball.

First, you must make a request in writing for Access to Association Documents be placed on the agenda for the next board meeting. Contact your neighbors about this issue (you clearly have their support by your election) and implore them to overwhelming attendance at the next board meeting. Maybe some of your supporting members would agree to discuss the issue with individual directors.

Second, at the meeting, make the motion "I move that the governing documents and the law provide that all records and documents shall be available to all board members." The reaction of the other board members will likely be influenced by the attendance of a large number of members. If there is no second, the chair might declare that no discussion can take place. If so, go to step 4.

Third, if there is a second, you should be given the first opportunity to speak, and make sure you claim that opportunity. Make it very clear that you have read all the governing documents regarding restrictions on information you as a board member are entitled to have. Likely, you will find that the governing documents and the law of your state place no restrictions whatever, meaning that you believe you are entitled to all information without exception. Ask the other board members for their analyses and to point out the specific provisions in the law or governing documents that allow information to be withheld from board members. Insist that the specific provisions be identified at the meeting. Insist on a vote with voting recorded by name. Ensure that the appropriate record is created. You may get the result you want. You should also be prepared for another board member to move to table the motion with the intent to kill your motion. You must demand a point of order that a motion to table is improper. Brush up on Robert's Rules of Order Newly Revised (abbreviated version). What can be done is to move to postpone to a specific date. If reasonable, accept the new date and move on. The presence of many members may influence the result to the one you want. If not, go to Step 4.

Fourth (Step 4), make sure that the minutes for the meeting correctly record your motion, the second, appropriate discussion, and the recorded vote by name. Again, get members in attendance who heard what happened at the prior meeting.

Fifth (Step 5), you will likely need legal advice. But first get the support of your members including their financial support for the legal fees. Likely, the attorney will write a letter to the board and that will be the end of it. If not, file a complaint in circuit court against the board and individually against each board member who didn't second your original motion or voted against your motion for breach of fiduciary duty and abuse of power. Individual board members could be personally liable in this case. I am not an attorney and this is not legal advice.

If you are not ready to accept Step 5, don't start Step 1. This is about a clique running your association and intimidation. How does that saying go, "Speak softly, but carry a big stick." Your big stick is the support of the members.

P.S. If your governing documents provide for recall of board members by a vote that you are sure would be obtained, consider circulating a petition for the calling of a special members' meeting for the purpose of recalling named board members. To avoid technical difficulties, all documents should be impeccably correct.

DonN (Michigan)
Posts: 357
Posted:
You will likely have to create a significant emotional event for the other board members. First, it sounds like you are into a game of hard ball.

First, you must make a request in writing for Access to Association Documents be placed on the agenda for the next board meeting. Contact your neighbors about this issue (you clearly have their support by your election) and implore them to overwhelming attendance at the next board meeting. Maybe some of your supporting members would agree to discuss the issue with individual directors.

Second, at the meeting, make the motion "I move that the governing documents and the law provide that all records and documents shall be available to all board members." The reaction of the other board members will likely be influenced by the attendance of a large number of members. If there is no second, the chair might declare that no discussion can take place. If so, go to step 4.

Third, if there is a second, you should be given the first opportunity to speak, and make sure you claim that opportunity. Make it very clear that you have read all the governing documents regarding restrictions on information you as a board member are entitled to have. Likely, you will find that the governing documents and the law of your state place no restrictions whatever, meaning that you believe you are entitled to all information without exception. Ask the other board members for their analyses and to point out the specific provisions in the law or governing documents that allow information to be withheld from board members. Insist that the specific provisions be identified at the meeting. Insist on a vote with voting recorded by name. Ensure that the appropriate record is created. You may get the result you want. You should also be prepared for another board member to move to table the motion with the intent to kill your motion. You must demand a point of order that a motion to table is improper. Brush up on Robert's Rules of Order Newly Revised (abbreviated version). What can be done is to move to postpone to a specific date. If reasonable, accept the new date and move on. The presence of many members may influence the result to the one you want. If not, go to Step 4.

Fourth (Step 4), make sure that the minutes for the meeting correctly record your motion, the second, appropriate discussion, and the recorded vote by name. Again, get members in attendance who heard what happened at the prior meeting.

Fifth (Step 5), you will likely need legal advice. But first get the support of your members including their financial support for the legal fees. Likely, the attorney will write a letter to the board and that will be the end of it. If not, file a complaint in circuit court against the board and individually against each board member who didn't second your original motion or voted against your motion for breach of fiduciary duty and abuse of power. Individual board members could be personally liable in this case. I am not an attorney and this is not legal advice.

If you are not ready to accept Step 5, don't start Step 1. This is about a clique running your association and intimidation. How does that saying go, "Speak softly, but carry a big stick." Your big stick is the support of the members.

P.S. If your governing documents provide for recall of board members by a vote that you are sure would be obtained, consider circulating a petition for the calling of a special members' meeting for the purpose of recalling named board members. To avoid technical difficulties, all documents should be impeccably correct.

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