Marla Mott-Smith Bowers
I Think My Board of Directors Is Out Of Control. What Should I Do?
We frequently get calls from owners disgruntled with the way their board is enforcing collections, rules and regulations and architectural provisions. Generally, they do not have funds to engage an attorney and want to avoid doing so. The inquiries seem equally split between owners living in communities that are self-managed and those professionally managed.
Parties may be ignorant of their rights and responsibilities. Boards may be unaware of, or even be ignoring, implementation of new laws and proper enforcement procedures. Owners may have unjustified complaints.
Issues can be emotion-filled and riddled with misunderstandings and lack of knowledge by all parties. Sometimes they involve corrupt and uninformed boards and self-serving management companies.
It is important to put the emotions aside and work with the tools you have, be businesslike, and document each step.
- Become familiar with your Covenants, Conditions and Restrictions (CC&R’s) Bylaws, Articles of Incorporation, and Rules and Regulations. Gather like-minded owners to join in this process.
- Know if your community is a condominium, planned unit development (PUD), or other legal entity. The documents above should tell you.
- Research the state laws that govern your community.
- Request and review copies of minutes, financial reports and any other documents that you need to educate yourself. All community association (HOA) boards must comply with your request. They can charge reasonable fees to cover costs.
- Make a very specific list of those things you and your fellow owners find unfair or discriminatory and document your findings.
- Make a written request to the board to allow a representative from your group to address your issues and concerns at a board meeting. Give at least 10-days’ notice that you want to address the board.
- Select a spokesperson, someone who is articulate, calm and has been involved in the research. At the meeting, the document you have sent the board should be your guide. Be prepared to have a limited time to speak, be respectful and do not interrupt. Have someone take notes.
- Be persistent and unemotional in pursuing and negotiating resolutions. Keep in mind that you are a community of neighbors and it is important to co-exist in a friendly environment. Economic conditions may prohibit you from moving.
Taking these steps will go a long way to finding the underlying cause of issues and inaugurating communication with the board. It may lead to increased awareness and a successful resolution. Check your Bylaws and familiarize yourself with the board nominating and recall process. Stand for election.