Posted By: firstname.lastname@example.org, March 31, 2014 at 6:45 pm
Comment: Thanks to all the homeowners who attended the March Board Meeting. Although I had to leave the meeting early, I understand that many of you voiced your concerns to the board.
The most debated action by the board was the adoption of a records policy. Basically this policy is restricting access to association records not only to the homeowners, but to the board members! How are the board members able to do their fiduciary duty if other board members are restricting access to certain records?
Please refer to the Bylaws, 3.16 (l) and 9.4 (c), which can be found on the RVS website, ranchoviejosouth.org under Community Documents. Despite the fact that this policy is a clear violation to the Bylaws, the majority of the board still approved the policy (5 to 2). Fortunately, policies cannot be adopted that are in conflict with NM Law or the governing documents of the association…the Bylaws. Therefore, this policy is invalid. This is just another example of how the majority of the board is conducting business that is not in the best interest of the homeowners or the association.
Perhaps the most shocking and blatant abuse of power and authority is the fact that 4 board members took legal action against me, a homeowner, for voicing my concerns. They claimed it was harassment. The Sheriff found no validity to their claim and the case was closed within hours of filing. In fact, the Sheriff agreed that I have every right to voice my concerns to the board and he stated that no evidence was found to substantiate their harassment claim. Did the homeowners not elect these board members to serve? They volunteered to be on this board and to perform the responsibilities of a board, and if homeowners have concerns about certain issues, they have every right to voice their concerns to the board, without legal consequences. By the way, this is also a violation to the Charter. Board members only have the power and/or authority to bring legal action against a homeowner for violations to the CCRs and for past due assessments. Not for voicing their concerns!
I would like to see the majority of the board govern the association according to the Bylaws (I know I sound like a broken record). This is not occurring. However, 2 board members continue to fight for the Bylaws and although they are the minority, many homeowners appreciate their diligence. I would also like to see the board president conform to the role appropriately. A board president’s duties include setting the agenda, conducting the board meetings, and signing relevant documents such as contracts. It does not include being at the association office on a daily basis managing the manager and managing the committees. It is my understanding that some homeowners have resigned from the committees due to this.
Is it too much to ask that some of these board members read the Bylaws? It is their responsibility to govern the association according to our governing documents. There are rules and procedures in place for a reason, so that board members do not abuse their power and authority.
I hope that many more homeowners start attending the board meetings and voicing their concerns. This is our association and we have a right to address these board members and to advise them that violating the Bylaws is not acceptable. Thank you.