Monday, April 30, 2012

Homeowner Posting

The following Blog entry is being posted at the request of one of our Uplanders. 

The new Board of Directors got off to an unfortunate start this past Thursday. Only three households attended. One explanation is the short Notice of the quarterly Board meeting. Notice arrived in my mailbox on Tuesday, April 24th, two days before the Thursday meeting. The Code requires a minimum of four days Notice.
   The Directors schedule the meetings to accomodate their jobs and personal/family commitments. I  commend them highly for their willingness to serve the Association despite their busy schedules. The difficulty of scheduling a meeting in advance, juggling 5 Directors' personal/business schedules places an equally high value on maximum participation of Association membership.
   "democratic"- i.e., functional, productive, open participation begins with the Board's example. The meeting on Thursday is not the model I would like to see followed in the future. Without any discussion, the presiding officer announced that Members shall only speak at Open Forum. Wow! "democracy" in action?
   If Members are relegated to participate only at Open Forum, they might consider their participation inconsequential, and of the lowest priority. I speak for myself when I say that the substance of my participation has to be meaningful and timely. Why would I attend a meeting and be told not to say anything until Open Forum, after the vote has been taken and the decision made without homeowners' input, or for that matter, public discussion by the Directors?. Members are not potted plants. Members are not children. Members are not supid. So, why should some Directors treat them that way?
   Elections are important to our Association. The recent election went very smoothly. We achieved a Quorum. The results represent the will of the majority. On the Agenda for Thursday's meeting was the appointment of a Director to fill the vacancy left by Carol Bjorn's resignation. I was shocked when the Board voted 3 in favor, 1 opposed, to appoint the person who got the least number of votes at the recent election, disregarding the results of that election, only two months ago.  I might add that there was almost no discussion by the Directors before the Board voted.. It appeared to me as if three Directors were of a single mind.
   The "icing on the cake" was when the presiding officer ruled me "Out of Order" not more than a minute into Open Forum when I tried, unsuccessfully, to raise the issue of the seemingly "undemocratic" nature and result of the proceeding. I was forced to remain silent, not participate in a timely and meaningful way throughout, and then when it was my turn to speak, I had hardly said more than a handful of words before I was summarily ruled "Out of Order."
   Al DeCamara explained the Amendments to the Civil Code, to be incorporated into our CC&R's, which are undergoing revision. One of the provisions that caught my attention, and relates to Member 'participation' is Civil Code 1363.05, Common Interest Develpment Open Meeting Act. Section (b) lists the matters that can only be discussed in Executive Session (litigation; third party contracts; member discipline; personnel matters; members payment of assessments; members subject to fine, penalties). The Board set a tentative date of Monday June 4th, afternoon, to go over the draft changes to the CC&R's. Director Pam Poco is working on the report to the Board in preparation of the meeting. I am assuming that the Board will notify the membership about the "working" meeting and will welcome attendance at the meeting. While I do not expect Members to participate actively, passive participation will help prepare Members for the Election to Amend CC&R's, our governing documents.

Monday, April 23, 2012

Rules for Me

I have decided to establish some rules that are my goals to follow as a member of your Board.  Since I work for you (my neighbors) I thought it only appropriate to share my rules with you. 
So here they are.
1. Actively protect the salamander preserve, since is by permit that we are able to have our homes on this land. 
2. Never use my position on the Board for my own benefit or complaints.   
3. Act promptly when a complaint it raised by a resident to find out the facts and be fair in following up with the appropriate action.
4. When possible and appropriate, speak directly to a resident if an issue comes up rather than go directly to sending formal letters.
5. Be responsible in implementing the requirements for the Board as stated in our CC&Rs.
6. Identify and work to resolve issues in the CC&Rs, including the update for alignment with the Davis Stirling Act.
7. Maybe most importantly, take the time and make the effort to really listen to my neighbors.

I'm finding Number 4 is really a tough goal.  While most neighbors are really swell, I have been cursed out quite strongly for mentioning a safety problem to a resident.  (Unfortunately, or fortunately depending on your point of view, I didn't learn any new swear words.)  Personally, I'd rather have someone chat with me rather than get a formal letter, so I was a bit surprised that anyone could be so vehement when approached with an "Excuse me sir". But maybe the reactions of some of our residents is why the general operating process is for a homeowner to take an issue to DeCamara, rather than to have a talk with Board member.  We'll see how long I can hold in with Number 4. 

Well, that's it for this blog.  I'm really tired from working on my Master Gardener class and working on reading our homeowner's documents.  Hopefully I'll graduate my gardening class in June and will have more time to keep in touch.