No Volunteers Willing to Serve on the Condo Board; Chaos Ensues!
Ask Mr. Condo
18 August 2015
C.M. from Washington State writes:
Dear Mister Condo,
I live in a 44-unit condo in Washington State.
Our Association dues
started at $99/month in 1997 and are now $225/month. We don’t have a
pool or any other amenities.
My husband and I were one of the first
homeowners to move in almost 18 years ago. He served on the Board as
Treasurer until he died in 2008.
there is no one who will
run against him or wants to remove him
After he died, a new homeowner ran for
the Board and has been President ever since. Most of the homeowners are
senior citizens, and do not want to volunteer to serve on the Board or
Committees. The Board President has told everyone that he will serve as
President as long as he lives in the condo; so there is no one who will
run against him or wants to remove him.
The others that serve on the
Board are merely puppets, and don’t do anything without his approval.
We have a Board Secretary, but she doesn’t take or transcribe the
Minutes; he does. And he includes, omits, or embellishes what he wants
to report. We have a management company, but they don’t really manage;
they only send out bills and the monthly financials.
He manipulates
every aspect of running the Association. The only Board Meeting I’ve
attended was the Annual Meeting last December. He manipulated a hand
vote on an assessment that homeowners who didn’t attend the Meeting did
not want or could afford. Even though many expressed their dislike for
how the vote was handled, he insisted it was done “by the book.”
Since
I don’t approve of how he conducts Board Meetings and will not go.
I’ve
submitted letters of concern and asked that they be included in the
Minutes. He refuses to include my letters, and won’t answer any of my
questions. His standard comment is: “your various requests for Board
action are denied, no further action is warranted. The Board opts not
to distribute your document. Note: best means to be informed on Assoc.
business is to attend monthly Board Meetings.”
Our bylaws say we can
file a complaint with our management company, but I think he controls
them, too.
What options do I have; and how should I file a complaint?
Any help would be appreciated. Thanks.
Mister Condo
replies:
The situation you describe is not all that uncommon, especially in
communities where many of the unit owners are elderly or infirmed.
Common interest real estate governance requires active participation
from unit owners to function properly.
The Board president you are
describing is apparently taking advantage of his position as a
volunteer leader and allowing the power that comes with that position
to behave in a manner that is not in the best interest of the
association and his fellow unit owners.
The management company works
for the Board
The management company works
for the Board. Since the Board president is effectively controlling the
Board, the management company is likely falling in line so that they
can continue on as the management company. After all, the Board
controls whether or not they have their contract renewed. If the Board
is happy with the management company’s performance, it is unlikely they
will change how they perform.
I apologize in advance for what I am about to say as the words may come
across as a bit harsh or uncaring. I assure you they are anything but…
The real problem here is lack of unit owner involvement.
You have
stated that you do not attend Board meetings and that “Most of the
homeowners are senior citizens, and do not want to volunteer to serve
on the Board or Committees.” That is a tremendous problem for an
association that is required to govern itself. Community Association
Volunteer Leaders are the lifeblood of good association governance. How
could you possibly expect any change if no one is willing to volunteer?
I know of plenty of communities like yours that have no problem
attracting volunteer leaders from within their membership. In fact,
senior citizens make up a vast majority of Board members across the
country and for good reason.
These are the folks that are most likely
to have the skill set and available time required to perform the job of
making solid business decisions on behalf of the association. Many have
retired from careers where they needed these skills.
If your community
were full of infirmed and bed-ridden unit owners who were physically
unable to serve, I would understand the lack of volunteers. But to
simply say “I am retired and unwilling to serve” is a cop out on the
part of the unit owners.
In some ways, they are getting what they
deserve
In some ways, they are getting what they
deserve with the current Board president. It would appear he is the
only volunteer who is willing to serve.
Also, why does the association
continue to reelect him each year? Why do the other elected Board
members not do anything to reel him in? They all have votes and they
can easily outvote him on any item with which they disagree.
My best advice for you is to get active and get involved. You and your
fellow unit owners need to stop taking a “victim” mentality and get on
the Board and bring some other concerned and active members with you.
If you and your fellow unit owners are not willing to make this
commitment, the abuse will likely continue and you will have no one but
yourselves to blame.
You have an excellent resource in your state to help you as well. The
Washington State Chapter of the Community Associations Institute has a
website at https://wscai.org.
I wish you and your fellow unit owners much success in taking back
control of your association. Good luck!
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