Board Member Responsibilities

QUESTION: 

I understand that at this time all associations are required to have a complaint procedure in place in order for their members to be able to let the CIC Board know of issues they have with their association. I also know that the Annual Report form requires an Association to state whether or not it has a complaint procedure. What is the consequence if an association fails to comply after getting the DPOR’s letter about non-compliance when they have checked “no” on the Annual Report?


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Q:      We are a self managed association and members often ask for copies of records such as financial data and minutes of meetings. Often they ask for minutes before they are approved. One request is for our contract with the landscaper. We don’t feel that all these requests are appropriate. What do we have to provide to our owners?


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Question

Our association just got started and has read through the VA HOA blog a lot!  It has been a big help to us!

I had a question about the legal responsibility of a HOA board to respond to its members.  We are a volunteer board, and there is one member of our community that is constantly sending emails (averaging 6 a day), certified letters, and posting inflammatory comments on Facebook and on our association home page.  He recently sent one email documenting the number of emails he had sent us that had gone unanswered.  He also attends board meetings and attempts to control the agenda and speak over the board, out of turn, and spending more than the allotted time on issues.  We are a board of 8 neighborhood volunteers.  With jobs, kids, and lives outside of the realm of the HOA, I just don’t understand how we possibly could respond to all of his emails.  Is there a legal requirement that we respond to every email he sends?  Or is there a legal guideline for determining which correspondence requires a response?  Also, how can a board effectively manage people who are disruptive at a meeting? What advice would you offer to an association that deals with one particularly time-consuming member?

AN UNPAID VOLUNTEER TRYING TO DO THE RIGHT THING

 


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     Consider the situation where the Board of Directors has decided that they want to upgrade the appearance of an aging townhouse style condominium and they are talking about requiring all the unit owners to replace certain areas of vinyl siding with Hardiplank or similar high grade exterior product which is a much more expensive material. They are also going to require solid wood decorative shutters on some of the windows. The plan is to get bids, enter into a contract, and assess the owners because the association doesn’t have any money in reserve for this project. Some owners consider these improvements to be upgrades and say that the Board shouldn’t be able to require the owners to pay for upgrades as opposed to replacements.   This article can also apply to some degree to townhouse communities which are not condos but where the association has the responsibility to maintain the exteriors of dwelling units and common facilities.


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