Dealing with HOA Board Strategy

[Happs]

One year ago, I emailed a long essay to the HOA Board of my condo complex proposing that they cancel cable TV service to all residents in order to lower expenses. A board member replied that they would put it on the agenda for discussion once they have more facts. That has not taken place. Last week, I email the same letter along with a follow-up indicating that I still stand behind its content. I then include another long essay on the subject of time limits for unit remodels, requesting that my two Time Limit Proposals be placed on the agenda at the April 2014 or May 2014 regularly scheduled Board meeting, I mention that per CA Civil Code, the only way for the Board to discuss and vote on a non-emergency item is for the item to be placed on a Board agenda. I received a response back from the Board President indicating that that Board appreciates my letter but it is too late to enter my letter into the March 2014 Board meeting agenda , but that the Board will discuss my letter in executive meeting under contracts. I reply with the following:

“Allow me to clarify a couple of points regarding your response. I realize the March Board meeting is imminent. My request is for the Board to discuss Time Limit Proposal #1 or Time Limit Proposal #2 at the April 2014 or May 2014 regularly scheduled meeting, or if you feel that it falls under architectural or aesthetic standards for alterations of a unit, then I request that Time Limit Proposal #2 be mailed out to all unit owners (members) at least 30 days before the May 2014 meeting. The reason for these requests is that under California Civil Code Section 4910a, the board shall not take action on any item of business outside of a board meeting. In addition, the Board of Directors may not discuss or take any action on any item of business at a non-emergency meeting unless the item was placed on the agenda. Thus, in California, the only avenue for members to hear the opinions of the Board on an issue is for it to be placed on the agenda for discussion. This is my main thrust; for all owners to get an opportunity to read the minutes of the proceedings. For members unable to attend, the meeting minutes should at least state what the Board decided. Placing this issue on the agenda is more effective for all. I will not be offended if you all disagree with me on my time limit proposals, but it would benefit the Board and all members to have it aired for discussion as an agenda item. Not taking any action on a request does not really serve the community and members remain in the dark about the Board’s ideology. Per your response, only my suggestion of terminating Cox cable TV service should be discussed in executive session, as it deals with contracts. Again, this is nothing to do with the subject of time limits, which does not have a place in executive session. Pursuant to California Civil Code Section 4935a, the board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member’s request, regarding the member’s payment of assessments, as specified in Section 5665. As you can tell, I’m not making any of this up and there is a great website with all the California Civil Codes pertaining to the Davis-Stirling Common Interest Development Act (which governs condominium, cooperative, and planned unit development communities in California) with a neat search feature. Check it out and bookmark it:

http://www.calassoc-hoa.com/Homeowners-Association/Davis-Stiriling-Civil-Codes.aspx

To reiterate, my time limit proposals would not qualify to be discussed in executive session. Regarding the Cox cable TV issue, the April 2014 or May 2014 executive session would be a good time to discuss it. You obviously know my opinion about the matter, but if the Board agrees with me, you might want to call Cox ahead of time to ask what the early termination charge would be and then weigh that against the outlay for the remainder of the contract. Millions are “cutting the cord,” and nothing is being “taken away” from members/unit owners. They will still be able to purchase cable TV if they wish.”

I haven’t received a response back from the Board. I don’t know if they intend to discuss the Cox issue in executive session or the time limit proposal issue in executive session. If the latter, then it’s inappropriate. If the Board President was referring to my issue about cable tv service, then why did he and the Board dodge my request about time limits? Even if they are opposed to my two time limit proposals, why do they fear putting it on the agenda and voting them down 5-0? I put a plethora of time into writing the two letters, especially the one about time limits and not getting a response to it, indicating yes or no as to whether or not it will be placed on the agenda is disheartening.

It seems like the Board must know they have the upper hand since they control the agenda and I’m thinking that if they don’t like a topic, they won’t place it on the agenda. At this point, it seems like my only option if I don’t ever get a reply is to keep sending the same email every two months with the same request, just modify the dates.

The public comment/open forum time basically amounts to people standing up and saying whatever they want that’s not on the agenda and then the Board just listening with no action being taken. The Board doesn’t even allow prepared statements, so you have to speak extemporaneously.

Overall the Board is doing a good job in governing the complex (with the exception of spending 75K a year on cable tv in my opinion) and I praise them in my two letters. I sense though that they are a “cliquish” group and since few people attend the monthly meetings, there’s a natural predeliction for them to run things like a club, and they might be taken back by someone who knows his/her rights and makes a strong case for a position.

Thank you for reading this and how would you all handle working to get the item on the agenda?

[FlyerInHi]

you should run for the board. Visit with your fellow homeowners and campaign for their votes.

In my association, we elected a new board that fired the property manager and made some welcomed changes.

[Happs]

I would run, but I don’t have the time commitment needed.

[EconProf]

Happs, you have just identified the intractable problem with all HOA boards. You don’t have the time to serve on the HOA, even though you would be a valuable asset on the board.
But it is an unpaid, thankless job, and you would take slings and arrows from often ignorant and angry homeowners. So naturally the board attracts people with time on their hands who may or may not be reasonable. And naturally, they develop a bunker mentality–you call it cliquish–after taking criticism for a while. Keep up your reasonable-sounding campaign, do your research, and prove your case if the numbers are on your side. They cannot postpone and ignore you forever. As a last resort, detailed flyers on every door in the complex may be necessary.

[spdrun]

Would canceling the contract with the cable firm affect the availability or quality of high-speed Internet service in the complex? Are there other decent options (read: fiber to the premises, not unreliable high-speed wireless or 3 mbps DSL) available in the area?

[Hobie]

You are being stonewalled. They don’t want to hear your idea. I’m guessing your complex is ~500 units and the board doesn’t want the complaints and hassle of so many people. Might have better luck renegotiating the cable contract.

[Happs]

Yes, the complex is large. Most of the Board is retired, so it’s not like they don’t have time to answer me. If the complex disconnected Cox Cable TV, it would have no effect on high speed internet. There is a unit near me that took close to two years to remodel. When the unit next to me sells and gets renovated, I don’t want the new buyer to take two years.

[Happs]

Do any of you know live or know of an HOA where they don’t allow prepared remarks? I’m wondering if the one I live in is the only one. It’s funny how when one writes a well written and researched letter, the silence from the HOA Board is deafening.

[FlyerInHi]

The old retired board members are enjoying cable tv.
Without a complex wide deal, cable would be more expensive individually.

Most young folks don’t watch live tv anymore. But old folks don’t know how I get programming off the Net or off the air. They are resistant to change.

[Happs]

I think you hit the nail on the head regarding resistant to change. They are cliquish but I am still perplexed why they are reluctant to put an item on the agenda and vote it down 5-0 if they don’t like them? It’s not like many people even attend the Board meetings.

[no_such_reality]

[quote=Happs]I think you hit the nail on the head regarding resistant to change. They are cliquish but I am still perplexed why they are reluctant to put an item on the agenda and vote it down 5-0 if they don’t like them? It’s not like many people even attend the Board meetings.[/quote]

Because you’re a PITA and once they put yours on, then you submit another. Then other people with submit others and then you have a whole bunch of people trying to backseat drive the budget.

Basic cable is provided by the HOA. Board members probably are getting ‘courtesy’ upgrade packages. Removing the cable with have the board dealing with the other 500 tenants minus 1 about why they now get a bigger cable bill.

[scaredyclassic]

i now feel extremely happy that i am not involved with an HOA.

[urbanrealtor]

[quote=no_such_reality][quote=Happs]I think you hit the nail on the head regarding resistant to change. They are cliquish but I am still perplexed why they are reluctant to put an item on the agenda and vote it down 5-0 if they don’t like them? It’s not like many people even attend the Board meetings.[/quote]

Because you’re a PITA and once they put yours on, then you submit another. Then other people with submit others and then you have a whole bunch of people trying to backseat drive the budget.

Basic cable is provided by the HOA. Board members probably are getting ‘courtesy’ upgrade packages. Removing the cable with have the board dealing with the other 500 tenants minus 1 about why they now get a bigger cable bill.[/quote]

I actually think vendor contracts are supposed to be done in executive. I think whether or not to provide a service to the membership is an open meeting thing but generally vendor contracts (eg: cable, plumbing, landscaping) are specifically mentioned as something that can be done secretly.

[no_such_reality]

I see the internet lost my edit.

Basically, I appended a paragraph saying an HOA is a form of government. Like all forms of government, once they start providing a service, discontinuing the service is near impossible due to the number of people viewing their loss of ‘free’ service.

Trying to micromanage the budget and cable inclusion is a losing proposition. By having pre-included cable, the oondo association largely limits the number of requests and complaints they get for satellite dishes.

I’ve also seen it go the complete other way the OP intends, once the bored people realize they can propose their ‘feel’ good ideas and then use HOA money to inact. Things like community beautification and value enhancement. Which means, making the common areas look nice. Which really means, the hobbyist gardeners running the subcommittee start spending $12,000+ a year ‘updating’ and ‘replanting’ flowers in the flower beds every month.

[CA renter]

[quote=scaredyclassic]i now feel extremely happy that i am not involved with an HOA.[/quote]

+1 million

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