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A way to address the SWHOA Meeting shenigans?

Discussion in 'Broadlands Community Issues' started by flynnibus, Mar 4, 2008.

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  1. flynnibus

    flynnibus Well-Known Member Forum Staff

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    First.. if you are interested, this is a pretty good site with lots of info pulled together for HOA-related things. The site is the Virginia Community Association Network. A site put together by the Virginia Real Estate Board. A state entity which HOAs are required by law to file reports to, etc.

    What I was trying to find was.. state law I'm told that requires certain subdivisions or properties to have a HOA. If you know the reference, please point me there :)

    But what I was reading about was the Virginia Property Owners' Association Act. This is the law that basically outlines the empowerment of HOAs in a community like ours. This along with the laws binding nonstock corporatations which I assume the SWHOA is since it has the power to enter contracts, etc would I assume be applicable to the SWHOA.

    Of interest in the POA act, is the standards for notice about board of director's meetings. I quote.. from section 55-510.1 of the state law of Virginia (bold emphasis added by me)

    So to this total and utter BS about moving meetings, no notice of meetings, etc. I suggest interested parties request they individually be notified of board of director meetings, which appears they must comply with by state law. Additionally, I'd demand access to the board packet prior to the meetings, to avoid this blindside crap about the agenda. Now they can withhold information that is

    and they can charge for it, but not above their actual cost. So if they say.. email that packet to all the board members - they should be able to email it to you as well and I'd argue about any costs incurred by doing that :)

    Additionally, from Section 55.510 regarding meetings of the 'association', not just the board

    I don't think there has been as much an issue with the general member meetings, but as you can see they are required to hold annual meetings with notice outlined above. By-laws etc can demand more frequent, but not less frequent.

    So maybe this information will be helpful for those struggling with their representation in the SWHOA - you are legally entitled to be represented fairly. Go read the articles and requirements on board of directors requirements for good fun too :)

    I'd be REALLY interested to hear some legal opinions on disclosures of conflict of interest (which must be noted in the meeting minutes) for board members when the VM members of the SWHOA would vote on topics that would directly benefit their employer! Might be some good reading to browse the meeting minutes :)
     
    flynnibus, Mar 4, 2008
    #1
  2. flynnibus

    flynnibus Well-Known Member Forum Staff

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    And for inspection of records...

    See here for a member's right to inspect the corporations' records (this assumes the SWHOA is a nonstock corporation.. anyone know for sure?) and what records they are required to keep

    This assumes the bylaws consider residents members of the corporation. Wonder where one might find the bylaws of the organization...
     
    flynnibus, Mar 4, 2008
    #2
  3. Chsalas

    Chsalas Active Member

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    Thanks Steve, very interesting!
     
    Chsalas, Mar 9, 2008
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  4. cogs

    cogs Well-Known Member

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    flynnibus,

    Interesting that I found this 5 year old post of your about the SWHOA meetings. I presume SWHOA was under developer control at that time. We still have the problem of not being notified about the meetings by SWHOA.

    Can you enlighten us newbees about the shenanigans you are refering to in 2008?
     
    cogs, Jun 6, 2013
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  5. flynnibus

    flynnibus Well-Known Member Forum Staff

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    I don't recall if this is before we got any residents on the board.. or if it were residents that were in effect pawns of the rest of the board.

    Basic issues with people not being notified of meetings, insufficient notice of change, the board not being willing to talk, etc. It was much worse in the beginning where the SWHOA basically existed only as a paper entity.. and people had no real representation when it came to the rates being charged, services, etc.
     
    flynnibus, Jun 6, 2013
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  6. hornerjo

    hornerjo Senior Member

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    Even with all those laws, with no enforcement they are pretty much meaningless.
     
    hornerjo, Jun 6, 2013
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  7. cogs

    cogs Well-Known Member

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    Deja Vu
     
    cogs, Jun 7, 2013
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  8. flynnibus

    flynnibus Well-Known Member Forum Staff

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    These are civil matters - which means enforcement is through lawsuit. But a threat of lawsuit (with merit) can often motivate.
     
    flynnibus, Jun 7, 2013
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  9. hberg

    hberg give me some of your tots

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    Who do we officially request meeting minutes from and to be notified of future meetings? There must be some "official" way of requesting or corresponding with the SWHOA.
     
    hberg, Jun 7, 2013
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  10. vacliff

    vacliff "You shouldn't say that."

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    The SW HOA's monthly meetings are in the Broadlands Newsletter.
     
    vacliff, Jun 7, 2013
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  11. cogs

    cogs Well-Known Member

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    But not ALL meetings are announced on Broadlands Newsletter. For example, I had no clue that SWHOA scheduled a meeting for 5/16 not its cancellation until after the fact.

    http://www.broadlandshoa.org/hoaforum/showthread.php?t=29621
     
    cogs, Jun 7, 2013
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  12. vacliff

    vacliff "You shouldn't say that."

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    Then they are required to provided 3 days notice either sent to all members or posted somewhere that it is reasonable to assume a member could see it, such as a website.
     
    vacliff, Jun 7, 2013
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  13. hberg

    hberg give me some of your tots

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    Cliff - is there a way we are supposed to "officially" request info from the SWHOA? I want to request I be notified by email of meetings and get access to any minutes but I am not even sure what the official means or method is to make requests.
     
    hberg, Jun 10, 2013
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  14. flynnibus

    flynnibus Well-Known Member Forum Staff

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    If it were me, I'd send an email to the board.. followed by a registered letter to the board president.

    Like my first post, I'd hold them to the standard required by law requiring notice and access to the board packets.

    I'd get 10 of my neighbor friends, and get them to do the same.

    They can operate loosely when no one is watching - so start watching and making sure they know they are being watched.

    Then, later, you have the groundwork if needed, to take things further.
     
    flynnibus, Jun 10, 2013
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  15. vacliff

    vacliff "You shouldn't say that."

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    I'm not sure what policies/rules they follow. Assuming they follow any.
    You do have the right to know HOW the Board makes its meetings known to the residents. They don't have to agree to send an email to each homeowner.
    They are also required to provide one copy of the Board package at each meeting for residents in attendance. They are also required to show the minutes of any meetings to any resident that requests it.
    I would follow Flynnibus's advice. Email all Board members. Then call them. Then I would start knocking on doors. After all, they all live in the neighborhood.
    If they tell you the "official" methodology of resident notification, get it in writing. If they conduct meetings WITHOUT providing proper notice in the way in which they said,file a complaint with the State. There is an "HOA Ombudsman" at the state level who's sole responsibility is to ENSURE that HOA Boards follow their rules and the rules required by the state.

    I know many are frustrated by the SW HOA, but it will take effort to institute changes.
     
    vacliff, Jun 10, 2013
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  16. cogs

    cogs Well-Known Member

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    I sent a written request by certified mail on May 23rd, 2013 and copied all Board of Directors and their attorney, Constance Miller.

    Havent been notified of June's BoD meeting yet.

    If anyone is interested here is the template.

     
    cogs, Jun 10, 2013
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  17. stevensrmiller

    stevensrmiller Stevens Miller

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    At last night's meeting of the Broadlands HOA board of directors, we voted to print the meeting announcements for SWHOA in every monthly HOA newsletter, continuing the existing policy of doing so free of charge. We also voted that, if SWHOA does not provide its meeting announcement information in time to make the printer's deadline, the announcement will be printed anyway, but it will state that SWHOA did not provide its information in time to be printed.
     
    stevensrmiller, Jun 12, 2013
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  18. vacliff

    vacliff "You shouldn't say that."

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    Why would you print information about a meeting that you do not have confirmation will occur? If the meeting date was changed/cancelled, then Broadlands HOA would be publishing bad information.
    Is it too much to ask one member of the SW HOA to confirm with the Broadlands HOA once a month to confirm meeting dates?
     
    vacliff, Jun 12, 2013
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  19. stevensrmiller

    stevensrmiller Stevens Miller

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    Let me clarify: If we don't get the meeting info in time for publication, we will simply publish a statement saying we did not get the meeting info in time for publication. This is to avoid any potential claims that we refused to make the space available, and for free.
     
    stevensrmiller, Jun 12, 2013
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  20. cogs

    cogs Well-Known Member

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    That's great.

    Can a similar procedure be adopted with regards to publishing the list of SWHOA Board of Directors in the newsletter and the BOA website. The current list is not accurate in both places.
     
    cogs, Jun 12, 2013
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