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Old 11-29-2009, 11:24 AM
 
Location: SoCal-So Proud!
4,263 posts, read 9,693,582 times
Reputation: 1541

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Quote:
Originally Posted by Joe Joe The Dog Faced Boy View Post
I personally know of 4 individuals.
I am not at liberty to tell you
their names, until BIO's have
been posted though, you
understand right?
We don't need to know names...just how many of them are inexperienced, clowns or otherwise don't have the stomach for it.

 
Old 11-29-2009, 12:01 PM
 
43 posts, read 50,246 times
Reputation: 26
Quote:
Originally Posted by Joe Joe The Dog Faced Boy View Post
yes, goin rogue you are correct!!
There are advantages to reading the by-laws and CCRs
 
Old 11-29-2009, 05:18 PM
 
66 posts, read 74,548 times
Reputation: 29
GOOD EVENING TO ALL!!!

THIS IS THE LAST TIME YOU WILL HEAR FROM US
GOOD LUCK to all who run for BOD***
MAY the best woman/man win***
MAY whoever WINS REMEMBER, WE ALL WANT
A WONDERFUL PLACE TO LIVE & GREAT**
COMMUNITY SERVICE. WE WILL VOLUNTEER
OUR TIME ANY TIME WE ARE ABLE
HAVE WONDERFUL LIVES FILLED WITH
LOVE& HAPPINESS, REMEMBER GOD
ANY WAY YOU ANY WORSHIP IS GOOD**

AND WE WILL NEVER STOP FIGHTING
FOR THE 2 WONDERFUL SENIOR
WOMEN WHO WERE TREATED
SO POORLY, BY EJ AND THE 3 BOD
MEMBERS WHO VOTED AGAINST
THEM AND FOUND IN THEIR
INVESTIGATION THESE 2 WOMENS
CLAIMS WERE UNFOUNDED!!

YET ARE IN THE PROCESS OF
INSTALLING A $3000.00 SECURITY
SYSTEM FOR WHO!!!!

MERRY CHRISTMAS TO ALL**
JOE JOE THE DOG FACED BOY

Last edited by Joe Joe The Dog Faced Boy; 11-29-2009 at 06:01 PM..
 
Old 11-29-2009, 05:32 PM
 
Location: Kallison Ranch, San Antonio,TX.
1,668 posts, read 3,352,714 times
Reputation: 720
Quote:
Originally Posted by SilverCreek78250 View Post
I'd like to offer a little insight from the perspective of an outsider. I've been trying to follow this discussion because it sounds familiar in that our HOA has experienced some of the same pains between homeowners disgruntled with the board.

My wife and I just decided to start attending the board meetings without making comments or yelling at people. I'll never forget my first meeting a few years ago. As the new person, I was approached by people from all factions trying to figure out who I was and what I was doing there. I had offers of private meetings so I could learn "the real story" etc. I declined all. My wife and I got several neighbors to start attending with us and again, we listened but never spoke out of order even though others did.

Later, we began volunteering with the neighborhood watch and with our association's volunteer group. Through the meetings and the volunteering, we met a lot of really good people and a few real, what is the word, I guess jerks will suffice. But along the way, we always tried to be freindly with everyone we met. It wasn't six months before people on both sides of the warring factions were asking me to run for the board of directors, though I repeatedly declined preferring to make changes through good will and volunteering.

You would be surprised at how much impact a regular homeowner can have within an association, simply by being willing to volunteer to help out from time to time. You are seen as someone who is helping the situation rather than someone yelling at the people in charge. Suddenly, (okay, maybe not suddenly, but over time) your opinion means something and you can offer a compromising view. I can't tell you the number of times that I have offered a differing view to the community manager or a member of the board, and because it came from somebody non-threatening, somebody not yelling at them, they changed direction.

I admit, I do volunteer a lot of time for a person who has a full time job (and lots of other activities going on), but you'd be surprised at how few hours a month you need to put in in order to become one of the insiders. If you ever wonder how people get put on community boards and panels, this is how it happens. I have been invited to City of San Antonio planning meetings and to speak at conferences, not because I am anything special, but because I am willing to do it. And the other people I see at these events are not the big Whig Red McCombs types, they are just regular residents of neighborhoods willing to get involved.

I'm sorry to be long winded about this, but I genuinely believe that if many of you tried a different approach to you HOA situation, you might get a better outcome.

Oh, and yes, if you are wondering, I am on the Board of Directors for my HOA.

Good Evening,

Although I did not attend our November BOD Meeting it is my understanding from what has been posted on this forum that our BOD has elected to close the December Meeting to the Homeowner's.

Again this is all based on this forum. I have no reason to feel any of that information is incorrect. I read that they found a "Loop Hole" in the Sunshine Law. It has been my understanding that the Sunshine Law only pertains to Governmental Meetings that are conducted by elected Officials (City,County,State ,Federal) The BOD Members are not Governmetal Officials .

Anyway there would be no better person to ask that one who serves on a HOA BOD. Does our BOD have the right /authority to close meetings to the Homeowners of the Villages of Westcreek? We are the indivduals that they are supposed to represent.

When it comes to closed meetings it has been my understanding that it can only be closed (Exectutive Session) when they are discussing Personel Issues and then the HOA Attorney has to be present.

If they do end up closing the Meeting would they be in violation The Open Public Meeting Act? Wouldn't there be something in our By Laws stating that they can close a Meeting and the reasons why?

If I am way out in left field I'm sorry.

Thank you
 
Old 11-29-2009, 07:01 PM
 
Location: Helotes
778 posts, read 2,218,467 times
Reputation: 590
Quote:
Originally Posted by wellguy View Post
Good Evening,

Although I did not attend our November BOD Meeting it is my understanding from what has been posted on this forum that our BOD has elected to close the December Meeting to the Homeowner's.

Again this is all based on this forum. I have no reason to feel any of that information is incorrect. I read that they found a "Loop Hole" in the Sunshine Law. It has been my understanding that the Sunshine Law only pertains to Governmental Meetings that are conducted by elected Officials (City,County,State ,Federal) The BOD Members are not Governmetal Officials .

Anyway there would be no better person to ask that one who serves on a HOA BOD. Does our BOD have the right /authority to close meetings to the Homeowners of the Villages of Westcreek? We are the indivduals that they are supposed to represent.

When it comes to closed meetings it has been my understanding that it can only be closed (Exectutive Session) when they are discussing Personel Issues and then the HOA Attorney has to be present.

If they do end up closing the Meeting would they be in violation The Open Public Meeting Act? Wouldn't there be something in our By Laws stating that they can close a Meeting and the reasons why?

If I am way out in left field I'm sorry.

Thank you
I can't offer any legal advice and more importantly, without knowing your associations by-laws, it is tough to say. I do believe though that HOA's do not fall under the governmental rules of open meeting acts. I can also tell you that our HOA does not require an attorney to be present at Executive Board Meetings.

We hold Executive board meetings (which are not open to the residents) once a month and then we have a regular open board meeting where the public is encouraged (but usually they don't) attend once a month. The homeowners are also encouraged to sign-up to speak on any topic before we call the meeting to order (This is usually where people gripe about stuff that doesn't fall under the purview of the board to do anything about), and then they can also sign up to speak during the meeting about specific topics that will be discussed on the agenda.

We also hold an annual meeting of the membership (the residents) where elections are held. Sadly, we have not been able to get a quorum during the past two years. Makes the elections invalid.

Bottom line: Check your HOA By Laws. I would assume they are posted on your HOA web page, and if not, probably should be.
 
Old 11-30-2009, 05:03 PM
 
3,060 posts, read 6,729,392 times
Reputation: 1253
SC, thanks for your input! It's great to have input other than bickering, and especially educated posters! +1
 
Old 11-30-2009, 07:41 PM
 
Location: Kallison Ranch, San Antonio,TX.
1,668 posts, read 3,352,714 times
Reputation: 720
Quote:
Originally Posted by SilverCreek78250 View Post
I can't offer any legal advice and more importantly, without knowing your associations by-laws, it is tough to say. I do believe though that HOA's do not fall under the governmental rules of open meeting acts. I can also tell you that our HOA does not require an attorney to be present at Executive Board Meetings.

We hold Executive board meetings (which are not open to the residents) once a month and then we have a regular open board meeting where the public is encouraged (but usually they don't) attend once a month. The homeowners are also encouraged to sign-up to speak on any topic before we call the meeting to order (This is usually where people gripe about stuff that doesn't fall under the purview of the board to do anything about), and then they can also sign up to speak during the meeting about specific topics that will be discussed on the agenda.

We also hold an annual meeting of the membership (the residents) where elections are held. Sadly, we have not been able to get a quorum during the past two years. Makes the elections invalid.

Bottom line: Check your HOA By Laws. I would assume they are posted on your HOA web page, and if not, probably should be.
Thank you for your reply. Before I sent our BOD any emails concerning the situation I did read over the By-Laws several times. I could not locate anything that stated they could close the Monthly Meetings to the Resident's /Homeowner's.

Thanks Again.
 
Old 12-01-2009, 09:04 AM
RGJ
 
1,902 posts, read 4,015,815 times
Reputation: 848
Do the by-laws say anything about when there is a lack of clarity, that Robert's Rules of Order prevail? That's generally what happens, but not sure in this case..
 
Old 12-01-2009, 07:06 PM
 
Location: Villages of Westcreek
41 posts, read 51,560 times
Reputation: 36
Quote:
Originally Posted by RGJ View Post
Do the by-laws say anything about when there is a lack of clarity, that Robert's Rules of Order prevail? That's generally what happens, but not sure in this case..

It does not say anything about the overriding "rule of law" reference. There is no mention of Roberts or anything else. The Bylaws are a huge problem and, I believe, impossible to fix/change/improve.
 
Old 12-01-2009, 07:17 PM
 
Location: Helotes
778 posts, read 2,218,467 times
Reputation: 590
Quote:
Originally Posted by wellguy View Post
Thank you for your reply. Before I sent our BOD any emails concerning the situation I did read over the By-Laws several times. I could not locate anything that stated they could close the Monthly Meetings to the Resident's /Homeowner's.

Thanks Again.
Just something to consider: If you are looking at something under the sunshine laws regarding open meetings (that apply to government entities) generally speaking, anytime there is a quorum of the board, that is considered a meeting, and that actually includes e-mail. I know, it sounds crazy.

If your HOA had a rule against meetings not being closed to the residents, then your board of directors could not stand out in front of their homes and have a conversation for fear that someone might accidentally bring up something related to the business of the board. A co-worker of mine sits on a school board in SA and he was cautioning me on all of these things when I first started on our board. It wasn't until I got it cleared up through our lawyer and Community Manager that I understood HOA's do not have the same restrictions.

If I'm not mistaken, the only mandatory meeting for residents (unless your by-laws say otherwise) is the annual membership meeting where you have elections.

The other option (which is crappy) is that your board could hold the monthly meeting, open to all the residents, call the meeting to order, then promptly vote to go into executive session, thereby sending the residents home. I know, that is pretty crappy if they do that.

Hope the info helps. And of course, your by-laws may vary.
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