Monthly Archives: March 2014

March Board Meeting and Bylaws Violations

Posted By:, 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, 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.

March Board Meeting – Who Called the Sheriff?

Posted by mgsailor13 – see Sheriff’s Report under “Behind the Curtain”

That was some board meeting last Tuesday – what an eye opener! Complete with the Sheriff to watch over 3 hours of arguing and restricting access to records that should be easily available to all residents. Who cares if I wear a coat into the room when I look at an association document? I’m over 70 and cold all the time and my purse is mostly full of Kleenex, but I’m supposed to leave it with the community manager while I look at records? What nonsense! What is going on with this board? What are they trying to hide? Last week, the community manager filed a complaint against Dave Pfeifer and we ended up with the Sheriff at the board meeting. When I read the Sheriff’s report, it was pretty obvious to me that Dave didn’t do anything wrong – well, OK, maybe he swore once, but who wouldn’t after they kept refusing to give him financial information residents deserve to know. First, we have a Sheriff at the election last November – something residents had to pay for. I’m on a fixed income and don’t want my assessments to go up for things we don’t need. In February, the board of directors filed a harassment complaint against Jessica Pfeifer. Now this. Whoever heard of such a thing? Residents ask questions and end up talking to the police? We live in a country where freedom of speech is guaranteed. Maybe it’s time to replace the board with people who like to answer questions instead of hiding behind the Sheriff.

NE/SE Connector Meeting

Monday, March 10, 5:30 PM, Jemez 1&2

See “Useful Links” Page for map of connector and proposed I-25 interchange.

February Board Meeting Comments

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There was no new business discussed at the board meeting this month. The board president deciding to move the homeowner comments to the end of the meeting (based on a legal opinion) is still an issue for homeowners. Since the board president decides the agenda for the meetings, it is her prerogative despite objections from the homeowners.

A proposed dog park is in the works. Let’s hope that more research is done on this. We need to know about maintenance, taxes, and whether or not the majority of homeowners approve of this additional common area responsibility.

The communications committee conducted a survey of about 100 homeowners via the website regarding many questions ranging from “what is your safety concern for our community” to “would you be in favor of changing the landscaping to gravel vs. native plants”. This is disappointing numbers since we have approximately 475 homeowners. I encourage homeowners to participate in your association, whether it’s volunteering for a committee or attending the meetings. Allowing our community’s future plans to be decided by a few homeowners can be disadvantageous.

Speaking of volunteering. It was stated at the board meeting that volunteers were needed for the landscape committee since there are no members currently on the committee, just the board liaison, community manager, and Heads Up manager. So imagine my surprise when I was told by the community manager that the board denied my application to volunteer for the landscape committee.

Our community is receiving more doggie stations. Although I approve of this, I see no record of this expenditure being approved by the board members. There are a few other expenditures that have not been approved by the board as well. For example, a raise was given to the community manager but a couple of board member did not recall the board approving this. It was stated that the board only approved the budget for the increase and not the actual raise for the community manager. Unfortunately, we will not know the outcome of this due to it being an executive sessions issue.

The expenses for the office move appears to be high and concerned a couple of board members. They are also concerned with the projected monthly increases for telephone, copier, etc. due to moving to a separate office space.

It was nice to see the behavior improve at this meeting. Let’s hope this continues. The next board meeting is March 25th. Hope you can attend. Thanks.