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Old 05-14-2014, 11:23 PM
 
Location: interior Alaska
6,024 posts, read 4,405,297 times
Reputation: 19425

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If you can't post the actual HOA docs on your own website, why not at least make a website with links and instructions to the HOA members of how to obtain the documents for themselves?
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Old 05-15-2014, 03:36 AM
 
238 posts, read 370,297 times
Reputation: 112
Quote:
Originally Posted by trying harder View Post
There's a lot of information missing here, but let me point out something important. If you serve on a board, you owe a fiduciary duty to the entity on whose board you serve. That duty has several sub-duties, but two in particular are important here: the duty of loyalty and the duty of obedience.
I see your point. I don't think I'm breaching either of those general ethical concepts. And the entity I serve is the association, not the board itself. Right?

But that said, we make decisions as a board in meetings, sometimes I'm able to get my point across, more often the three core members get their point across. But always whatever the outcome, that's the decision we all have to be loyal to and abide by. And I'd say that is the "one voice" that a board speaks with - the final decision.

For anyone to try and deny the fact that we have differing opinions within the board is silly though. Why have a board?

Quote:
Originally Posted by trying harder View Post
While those two words tend to make people's eyes bug out, they aren't as creepy as they sound. The duty of loyalty means that your allegiance is to the entity, and you cannot take any business or financial opportunity that rightfully belongs to the entity. I'm not clear on who the "he" is that you keep referring to. .
It is the management company that sells the documents. For him it is a way to make extra income. He has wavered some on whether the sell of these documents is just to prospective buyers and their agents, or extends to the association members as well. I'll try to clear that up next meeting as I think he is still processing how to do it now that this has all come up.

I don't think this was ever an issue or really decided upon until I became a board member as I don't think they have ever really had anyone ask the questions I ask or push about the things I push about. I guess publishing or sending the link of the County Registry of Deeds to association members would be a work-around, as I wouldn't be giving them the actual documents, but just the public website URL where they are found.

I know it's a tough line - being a board member and calling out the board at the same time. I guess the worst they can do is ask me to resign.
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Old 05-15-2014, 03:37 AM
 
238 posts, read 370,297 times
Reputation: 112
Quote:
Originally Posted by Frostnip View Post
If you can't post the actual HOA docs on your own website, why not at least make a website with links and instructions to the HOA members of how to obtain the documents for themselves?
I think that would be the best way to do it. It wouldn't be the documents themselves I would be distributing, just the public URL where they can be found.
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Old 05-15-2014, 03:56 AM
 
238 posts, read 370,297 times
Reputation: 112
Quote:
Originally Posted by ellemint View Post
Here is a link to a website in which an individual describes how he went about doing what you are proposing to do. It's not just about how to build a website, but addresses some of the issues you've been raising (I think.):

Build a Website
That's a great site - I was tempted to email them to ask about if they have run into any issues with the homeowners feeling their site is bringing down potential buyers from purchasing a home there. I was curious if they were actually using the real name of their development....

But some of these sites are really people who are clearly ticked off about their whole HOA. I don't really want to get into all that. I just want to educate - give people information that is really rightfully theirs. There is no way anyone can make an argument to convince me that documents on a public website are not their right to have. To build a business model on this (for the management company) I think is pretty low.

Now, putting together a formal packet for realtors and protential buyers that includes these documents along with several months of meeting minutes, budget info, etc. and charging for that, well, that makes sense. But trying to charge a unit owner $50 to email them a pdf of their own master deed is pretty low.
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Old 05-15-2014, 04:28 AM
 
5,048 posts, read 8,424,668 times
Reputation: 4167
Quote:
Originally Posted by foxboro82 View Post
I see your point. I don't think I'm breaching either of those general ethical concepts. And the entity I serve is the association, not the board itself. Right?

But that said, we make decisions as a board in meetings, sometimes I'm able to get my point across, more often the three core members get their point across. But always whatever the outcome, that's the decision we all have to be loyal to and abide by. And I'd say that is the "one voice" that a board speaks with - the final decision.

For anyone to try and deny the fact that we have differing opinions within the board is silly though. Why have a board?



It is the management company that sells the documents. For him it is a way to make extra income. He has wavered some on whether the sell of these documents is just to prospective buyers and their agents, or extends to the association members as well. I'll try to clear that up next meeting as I think he is still processing how to do it now that this has all come up.

I don't think this was ever an issue or really decided upon until I became a board member as I don't think they have ever really had anyone ask the questions I ask or push about the things I push about. I guess publishing or sending the link of the County Registry of Deeds to association members would be a work-around, as I wouldn't be giving them the actual documents, but just the public website URL where they are found.

I know it's a tough line - being a board member and calling out the board at the same time. I guess the worst they can do is ask me to resign.
The management company is not in business to sell your documents. They are there to do what the board, who represents the residents, directs. The company is there to interpret and remind about things like ADA requirements and Fair Housing and to be knowledgeable about the state POA Act and Condo Act. And where did I read one of their jobs is to maintain good communication with the residents. And many other things. But the company's job is not to own the printing of the documents in order to sell them. The company employed by the board is not in business to make additional "extra" money off the association in some side printing business, however small.
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Old 05-15-2014, 01:10 PM
 
Location: Morrisville, NC
8,597 posts, read 12,782,109 times
Reputation: 8153
Not sure about the minutes, but things like the original declarations and bylaws are recorded into the deed records and are public. No way they can claim any copyright on them.
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