Update: Board Approval – Landscape Changes
Hi Dennis, Update: Board passed changes to the Landscape policy to match the CC&R despite my in depth explanation that Board members have a fiduciary responsibility of writing policies that will ensure the fair treatment of all HOA members to the best of their ability despite what the CC&R states. I brought up the case study, upcoming change in legislation. All this was in writing to all members prior to meeting. They looked at me like I was crazy, completely disregarded my concerns, and said they had no control where the homes are positioned in the community and the CC&R takes precedence. Landscape chair denied 3 volunteers to sit on an established landscape committee but accepted one person that is an advocate for our cause. Bottom line, they are going to do what they want with little to no regard to what is in the best interest of all HOA member concerns. Very sad situation but we have a small group of individuals advocating for our landscape issues. Thank you again for all you input and suggestions. It is so very much appreciated!
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LuAnn,
I’m sorry I don’t understand your problem. No matter what the old policy states the provisions of the CC&R’s dictate. So, when they modified the landscape policy to match the requirements of the CC&R’s they were doing their job and providing clarity to all homeowners. The CC&R’s are the contractual requirements on all homeowners and the association. You agree to those terms when you buy your home, and the association has an obligation to enforce those requirements reasonably and fairly. If the association of homeowners wants to change the terms of their contract, they can via an amendment to the CC&R’s approved by the percentage of homeowners specified in the CC&R’s.
While I agree that the association has a duty to act in the best interest of the community their ability to use reasonable discretion in the enforcement of the CC&R’s is very limited.
One last point. The board has a duty to act in the best interest of the community as a whole, they have absolutely no duty to act in the interest of any individual or group of individuals. No matter what the board does they will never make everybody happy, that is simply the fact of human nature. Because you and a group of other neighbors believe that something different needs to be done relative to the landscaping and the board does not agree with you that does not mean that they are violating their duty. This is not about your group or any other group it is about the community as a whole. There are financial impacts and workmanship issues and a host of other considerations that the board has to consider when making any decision.
My advice to you is, worry less about getting your way and work to provide arguments and justification as to why the board should approach landscaping issue differently. Do the homework and work respectively with the board to help them see your perspective, but that also means that you have to be open to listen to other perspectives and approaches and recognize the possibility that your way may in fact not be the best way for the community.
While this may not be the answer that you hoped from me but when I created this web site and coalition, I committed to tell the truth about the laws and rules governing these communities.
Being on a board is a thankless volunteer job with a lot or responsibility. While I will work diligently to fight the abuses of power by association boards primarily dictated by the incompetent advisors to that board, you have to let them do the job you elected them to do.
You can always run for the board and work from the inside to help the community improve.
Dennis
Thanks Dennis. I agree with your assessment. Appreciate your feedback. I was following up from the separate emails we had offline regarding the plat map and landscaping issues/lack of committee, etc. I know was a bit confusing. Have a great day! Thanks for all you do for HOA members.