What are signs of a weak BOD?
First, thank you for this forum. I desire to learn as much as I can regarding Condominium HOA function and management, and this resource is very helpful.
My instincts tell me our past and current elected board of directors (and board appointed officers) are a bit over their head. This is based on the following, which has been experienced by many Owners, not just myself:
1. The BOD taking 5 months to upwards of 1 year to authorize and implement repairs on elements they have responsibility for- damaged carport roofs, holes in exterior stucco walls, moldy interior drywall from major roof/skylight leaks, broken and wind damaged awnings, and gaping hole in driveway concrete that resulted in a slip, trip and fall.
2. A board member accusing an Owner of getting their insurance claim paid for after the first attempt failed saying the homeowner pulled a fast one on the board.
3. President of the association barking at homeowners during open meetings and allowing the property manager (external agent) barking at homeowners.
4. BOD not listening to repeat, valid complaints from multiple owners regarding vendor issues and lackluster service.
5. Maintenance Tickets (opened thru PM portal) being cancelled with no communication or resolution provided
6. Property manager dispatching a contractor for inspection and repairs, only to recall the contractor until the homeowner submitted pictures of issue. However the BOD told homeowner not to go up onto the 2nd floor roof. When BOD became aware the maintenance area was on 2nd floor roof, they still did not have the property manager re-dispatch the inspector. Six months later the BOD finally addressed this when questioned about it in an open meeting
7. Approved meeting minutes not being posted at bulletin board or the online portal for 7 months or longer
8. The President also acting as Secretary and fulfilling secretary duties (bylaws say no to this)
9. A newly elected Board appoints officers, but 3 directors refuse to fulfill the Secretary office- one giving no reason, one saying he has no time, the other saying she couldn’t keep up with the secretary duties in her last appointment as Secretary
10. Very inaccurate meeting minutes to the point of outright lying
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Pamela,
The incompetence of your community manager is apparent. In Arizona not only is every condo owner entitled to have and see every insurance policy of the association they are also allowed by law to actually file claims on every one of those insurance policies because they actually are the owners of all property in the condominium.
The rest of your message is a litany of everything that is wrong with your community. As homeowners you have one and only one power the power to elect and remove any board member with or without cause, but in your community’s case based on the total failure of your board to live up to their duty to the community when they accepted those positions.
A recall effort is very difficult and an uphill battle for any community, and those leading the effort will be subject to personal attacks and slander from the board in an attempt to discredit you in the eyes of the rest of the homeowners. But it can be done if carefully organized and enough homeowners see what you see and want something better.
Dennis
Thank you, Dennis.
Am I correct to believe that the incompetence of the Property Management company does NOT absolve the Board of Directors from their duty and responsibility to the community?
Ideally the BOD should have better oversight over the property manager/management company. Many of us have tried to encourage change, but our efforts are met with frustration from the board and the attitude that we are simply nit-picky complainers. Past and current board members lack a “teachable spirit”.
Pamela,
Well, stated. The board is the only body with any duty to the community and the members. The lawyer works for the corporation and the community manager works for the board. Delegating actions to either of those advisors does not in any way absolve the board duties to both the members and to the association. As established under the Restatement of law Third Property Servitudes section 6.13 and 6.14 as made case law for Arizona in 2007 in the Tierra Rancho v. Kitchukov case.
Dennis