Dear Neighbors and Customers,
I am forwarding a series of emails which were sent/received
in the past two days. Some of you may have already seen
these. I am also attaching several documents, including a
"Help Your Neighbor or Help Yourself" gathering that we have
scheduled on Sunday, October 30, 2005 at 9 a.m. till....
Please review these attachments (copied below and on
previous dated blogs) and let me know your thoughts. I have
written the below email to Mr. G, the flood adjuster for the
back courtyard, since he is being blamed for the SNAFU's.
Maybe we will get some information right from the horses
mouth this time.
Lenny
Hi Mr. G (NFIP),
As you are probably aware, the Condo Board has been
reluctant in sharing information with the various homeowners
and many of the owners are getting very upset at this lack
of information. I am writing this on behalf of one of the
owners but I am sure others will agree with this owners
opinion of the way things are being handled and proposed.
The last thing that came out from the Board was on Oct. 20,
2005, a copy is attached for your reference. In the
"proposed settlement" notice that Chet Hingle prepared, it
is only offering $12,000.00 for a 1 BR, then $15,000.00 for
a 2 BR and then $24,000.00 for a 3 BR. A 3 BR unit (around
1,100 sqft) is only around 200 sqft larger than a 2BR unit
(around 900 sqft), yet a 3BR unit is receiving $9,000.00
more money, and a 2BR unit is only 250 sqft larger than a 1
BR unit (around 650 sqft), yet they only are receiving
$3,000.00 more money, so the settlement offers disparagingly
favor a 3 BR unit and are low-ball settlement figures for a
1 BR unit. Most of the estimates for 1 BR units are running
in the $15,000.00 range. Then, the Condo Board is claiming
that hundreds or thousands of dollars will be withheld from
each unit owners settlement to pay for common expenses like
trash hauling, clean-up, tree cutting, new fences, etc.
This seems grossly unfair as the common property should be a
separate claim from the unit owners.
I have not given your email or phone number to any of my
customers/neighbors (since you asked me not to) which is why
I am writing this email. The Board REFUSES to tell the
people what is going on and they (the homeowners) are
planning on an emergency homeowners meeting to vote off the
existing Board and fire the Manager if things do not change
immediately. They are also going to hire an attorney to
file suit to force the Board to disclose information to
them, which they are entitled to.
Please let me know something that I can tell them that will
put their mind at ease, that they are not going to be
screwed over in this settlement. Otherwise, an attorney
will probably be retained and suit may be filed to protect
the individual owners interest.
The Board is blaming everything on you and the other
insurance companies and I believe this SNAFU is caused by
Chet Hingle and the Board... but they aren't talking. Will
you?
Sincerely,
Lenny Vasbinder
http://www.NeighborhoodHomeServices.com
Hurricane Damage Cleanup, Sheetrock & Flooring Removal, etc.
http://lennyvasbinder.blogspot.com
504-621-1870 eFax - 413-318-0742
NHSNOLA@Gmail.com LNVTM1@Gmail.com
-----Original Message-----
From: Lenny Vasbinder <lnvtm1@gmail.com>
To: nhsnola@gmail.com
Sent: Wed, 26 Oct 2005 00:08:01 -0500
Subject: FCC's latest email from Lenny to Sultan
Hi Sultan
One of my customers went to Chet Hingle with a letter
voicing there concerns about not being provided information
and full disclosure of what is happening and Chet Hingle
told my customer that "if you want Lenny to be the manager,
then go get 47 other votes!".
I consider you a friend, albeit a recent one, so I'm letting
you know that I am now helping several concerned home OWNERS
with a petition for an emergency homeowners meeting where
you and the rest of the Board will give full disclosure to
the owners, or these concerned homeowners feeling
constricted by the lack of information coming from the Board
may take legal action to protect their rights. They are
ready to hire a new manager and if necessary, even elect a
new Board who will abide by the wishes of their constituency
the homeowners.
Obviously, if an attorney is hired, he/she will file suit
immediately to protect the rights of the owners and although
it may delay the final settlement of the pending claims, at
least the homeowners will know that their rights are being
protected... something they do not know right now!
I am attaching a "Homeowners" Bill of Rights with excerpts
below and please note that:
3.B.Paragraph 3 states that "The managing agent and
superintendent must not have a conflict of interest. The
managing agent must observe the code of ethics of the
industry and association" which Chet Hingle directly and
intentionally violated when he had Charlie and I "tarp" ONLY
one of the units while on Association time... a unit
politically connected to Chet Hingle!
3.B.Paragraph 4 states that the "manager" shall have
allegiance to the owners and not show favoritism to the
Board which was also a violation with the "tarp" incident.
4.C. deals with an "open and responsive Board" which is what
the primary complaint is around here right now. Too much
secrecy and lack of information being provided to the
homeowners. Chet is acting like he is an apartment complex
manager and says he "works for the Board", not the owners
which is also a direct violation of the Bill of Rights
4.C. also deals with the Board refraining from intimidation
or retribution for criticism of Board actions and whatever
rights I may have were certainly encroached when the Board
and Chet singled me out in the October 17, 2005 letter. My
concerns and criticisms are merely me parroting the concerns
of MANY of your fellow homeowners.
EXCERPTS:
3. YOUR RIGHT TO PROPER EXECUTION OF POLICIES, PROCEDURES,
AND FIDUCIARY RESPONSIBILITIES
A. Homeowners Have the Right to Full and Proper Performance
of Duties by the Board Every board member must follow the
procedures designed to advance the association members'
welfare;
Every board member must actively perform as a director and
may not simply sit and observe.
Fiduciary responsibility may not be abdicated to anyone;
Every board member must see to it that unit owners' rights
are protected, and if any right is violated, particularly by
an officer, each board member must make every effort to
correct the offense to the unit owner and the violation of
procedure.
B. Ethical Conduct and Protections Against Corruption and
Conflicts of Interest
Board members will use the powers and resources of a
director only for advancement of the association and not for
any personal gain, whether financial, legal, power in the
community, or other benefit;
The association must have a published code of ethics for
board members detailing prohibited conflicts of interest and
assurances of ethical conduct;
The managing agent and superintendent must not have a
conflict of interest. The managing agent must observe the
code of ethics of the industry and association;
The managing agent must give allegiance to all the unit
owners of the association, and will show no favoritism to
board members.
4. C. An Open and Appropriately Responsive Board which:
Voluntarily, not grudgingly or only under pressure, conducts
association business openly under the gaze of unit owners;
Listens with grace and understanding and encourages rather
than suppresses unit owner participation and contributions;
Listens to suggestions and critiques of board policies and
procedures and of association operations;
Gives prompt response to questions, suggestions, and
requests;
Refrains from recrimination, rebuke, intimidation, or
retribution in response to suggestions or criticisms of
board actions or policies.
END OF EXCERPTS.
Since Chet has called this owner out on the "47 votes"
issue, and the fact that I have already publicly stated that
I would be willing to take over as an on-premise manager for
up to one year at no charge to the association, I am also
letting you know in writing of my availability. At least
10-12 home owners have asked me if I would be willing to
take over as manager and originally, I kept saying "No", but
in light of recent events, I have two proposals that the
Board could consider, both of which would save the
Association thousands of dollars over the next year if the
Association avails themselves of either of my offers.
If you would like to entertain my offer(s), please let me
know and I will put them in writing. In the interim, please
note that there WILL be a homeowners meeting in the coming
days... either formally or informally and I WILL make my
offer(s) public at that time as well as providing additional
information to the homeowners.
Sincerely,
Lenny Vasbinder
http://www.NeighborhoodHomeServices.com
Hurricane Damage Cleanup, Sheetrock & Flooring Removal, etc.
http://lennyvasbinder.blogspot.com
504-621-1870 eFax - 413-318-0742
NHSNOLA@Gmail.com LNVTM1@Gmail.com
Sultan's Reply:
Lenny,
Thank you for looking into this and being, again, such a advovate for homeowners at FCC. Chet is taking FCC through the most trying times of its history, there will be bumbs but I'm not ready to quit on him yet. I know you are trying to help and I thank you for that. I'll be in New Orleans this weekend. I'll see you then.
Sultan
HERE IS THE CONDO HOMEOWNERS BILL OF RIGHTS:
http://members.cox.net/concernedhomeowners/PrattBoR.htm
A BILL OF RIGHTS FOR HOMEOWNERS IN RESIDENTIAL COMMUNITY
ASSOCIATIONS
Lois Pratt, Ph.D. and Samuel Pratt, Ph.D.
"A bill of rights is what the people are entitled to against
every government on earth, general or particular, and what
no just government should refuse." (Thomas Jefferson, 1787)
This is an exploration of the fundamental and the particular
rights that accrue to homeowners in residential community
associations. This is not a legal document. It is a document
based on the traditions of American democracy as they apply
to the RCA form of housing.
DISCUSSED HERE ARE A HOMEOWNER'S RIGHTS -
To Property Rights
To a Proper Governance Structure
To Proper Administration
To Participate Fully
To Accountability
To Information
To Rights As a Neighbor
To Constitutional Rights
THE SEARCH TO IMPROVE LIVING IN RESIDENTIAL COMMUNITY
ASSOCIATIONS
The central problem of community associations is how to
create and maintain a home environment that enthuses owners
that their housing needs are met in a superior way by living
in a CA. Good management of a small corporation is
relatively simple compared to the task of creating and
sustaining an enthusiastic community of homeowners. A major
part of this difficult enterprise is the balancing of
individual rights and collective rights. The individual
rights arise from the fact that community associations
belong to the homeowners and they have a right to private
control of their homes. The collective rights arise from the
fact that each must respect the others and that joint action
is required to ensure this.
Attendance at conferences and working groups has revealed
there is a national search for ways to improve the current
situation. The search goes on in legislatures, in Congress,
in industry organizations like CAI, in community
associations, in the press - and now on the Internet. An
underlying theme of this search is how to get the proper
balance of individual rights and collective purpose.
These efforts are vital to ensuring that RCA-style living
remains an attractive and superior form of housing to a
large public. Homeowners organized in associations is a
recent housing style. It has wonderful potentials. It needs
major revisions to ensure that it is not a short-term
style - like so many other experiments in housing.
An important step toward strengthening RCAs is to codify the
individual and the collective rights of homeowners. Some of
the rights to be discussed are already in law, others are in
the process of being put into law, and others are emerging
as proposals for discussion. This should not be considered a
static listing of rights. There is the constant need to
improve, to adapt to basic social changes, to absorb into an
association the advanced thinking of professionals, and to
respond to legal changes.
RIGHTS ARE DEEP ROOTED
One of the foundations and finest achievements of our
country's form of governance is a system of rights of
persons that are enforced dispassionately and equally for
all persons. These rights cannot be signed away by
individuals or denied to them arbitrarily by those in power.
The most basic are those codified in the Constitution and in
law. These broadly accepted rights are extended and
formalized within organizations of all types. There is no
place in our society where certain fundamental rights do not
apply - in a corporation, a prison, a street corner, the
White House, or a residential community association.
HOMEOWNERS MUST DEFEND RIGHTS
Americans believe deeply in these individual rights, in the
Constitution and laws that protect their rights, and in the
importance of these rights to their welfare. Rights need to
be tended to and asserted or they will be violated, eroded,
or cease to exist. They must be constantly reaffirmed in
ceremonies, in daily practice, and when necessary, in the
courts.
In community associations, it falls ultimately to homeowners
themselves to define and affirm the rights, protect them,
and see that they are enforced. Other groups with interests
that may diverge from those of unit owners, such as managing
agents and professionals in the housing industry, are
actively pursuing their particular interests in the
operation of RCAs through their professional associations,
through lobbying legislators, and through the courts.
While the topic of "Homeowner Rights and Responsibilities"
is frequently presented for discussion - in books, articles,
and conferences on RCA management and operations, in state
laws, in association by-laws, and in board minutes - the
focus of attention consistently turns to the obligations of
homeowners, and scant attention is given to homeowners'
rights. To date we have found no document that presents a
thorough treatment of homeowner rights - such as has been
provided for tenants, workers, hospital patients, disabled
persons, consumers, children, investors, and others.
A PARTNERSHIP WITH HOMEOWNERS
It is opportune now to advance the formal discussion and
codification of homeowner rights, and of the place of
homeowners in what must be a partnership of four principal
groups: homeowners, boards, professionals in the housing
industry, and the public interest as expressed in
government. Associations nationwide are entering a third
stage of development of governance. In the first stage the
sponsors were the dominant influence. In the second stage
many boards became entrenched power centers and
professionals in the RCA industry developed strong
partnerships with the boards, replacing the power formerly
exercised by sponsors.
A third stage is beginning, in which homeowners are becoming
increasingly knowledgeable and are seeking a greater role in
the partnership and greater recognition of their rights.
Legislatures in the major RCA states have responded by
specifying in law the rights of homeowners, such as their
rights to access to information, open meetings, availability
of fair dispute resolution procedures, and appropriate
enforcement of rules. Current disclosure of corrupt
practices by some property management firms, as reported
extensively in the New York Times, is stimulating homeowners
to pay more attention to the operation of their property and
how the operation of their association impacts on their
rights, finances, and lifestyle.
The thrust of these developments is to highlight and to
mandate that the purpose of the four partners is the welfare
and happiness of the homeowners. Each of the four groups in
the partnership has a stake in developing and maintaining a
successful RCA housing system. Each group has a particular
and important function to carry out. Ideally, an improved
partnership will be forged among these four groups, with
homeowners assuming the role of full-fledged partners.
SOURCES FROM WHICH HOMEOWNERS DERIVE THEIR RIGHTS
Homeowners derive rights from five principal sources. First,
the most fundamental rights are derived from the
Constitution. The Bill of Rights (the first ten amendments
to the United States Constitution) guarantees rights such as
freedom of speech, freedom of religion, due process of law,
and freedom from governmental search and seizure. Court
decisions have reinforced and extended these rights.
Rights are also stated in many federal and state laws and
court decisions. Most particularly, these include the
various residential community association laws, which
regulate the creation and operation of RCAs, as well as the
regulations issued by state agencies to implement and
enforce the laws.
The official governing documents of each association -
Master Deed, Bylaws, Covenants - enunciate rights and
responsibilities for the particular association. In
addition, associations generally develop Rules and
Regulations governing use of the property. State RCA laws
take precedence over an association's governing documents.
Another source is professional and business associations,
such as the Community Associations Institute and the
American Institute of Certified Public Accountants, which
have developed recommended principles and procedures by
which community associations should operate.
Finally, social codes have evolved to protect people from
abusive and unfair treatment, and to guide how they should
relate to others. These include informal, though well
established, standards governing relations between people in
a community setting, such as civility, fairness, decency,
honesty, courtesy, and respect for privacy. Particular
social codes have developed for community associations,
based on the legal and social structure of this form of
housing. The residential community association form presumes
equality, rights to full participation, easy access to
information, democratic governance, and formally approved
procedures to assure members' rights will not be violated.
"A special respect for individual liberty in the home has
long been part of our culture and our law." (Supreme Court
Justice John Paul Stevens, 1994)
The intent of condominium law in New Jersey is stated in
this way: "The association shall exercise its powers and
discharge its functions in a manner that protects and
furthers the health, safety and general welfare of the
residents of the community." A board of directors is
generally established and is given powers to advance this
purpose, and while the board may seek to facilitate its
work, it may not do so at the expense of compromising this
fundamental obligation.
In essence, this is the standard that defines the
fundamental right of homeowners and the obligation of those
in power. Every action of an association must conform to the
standard: Does it promote the welfare and protect the rights
of the members of the association?
A PROPOSED BILL OF RIGHTS FOR HOMEOWNERS
1. YOUR RIGHTS AS A PROPERTY OWNER
A condominiums homeowner has these property rights:
A. Exclusive Use of Your Unit
Each unit may be dealt with by the owner in the same manner
as is permitted by law for any other parcel of real
property. Specific rights to use your unit include these:
Maximum privacy within your unit. The association may enter
your home only to maintain or replace a common element or to
make emergency repairs necessary to prevent damage to common
elements or to other units;
To live in your home free of conditions that materially
interfere with your peace, comfort or health;
To bring action for relief against others for a violation
that affects your occupancy;
To decorate your unit;
To alter or improve your unit (subject to restrictions);
To mortgage your unit;
To sell or transfer your unit;
To sublet or rent your unit (subject to anti-discrimination
laws and the established rules of the association);
To use the limited common elements assigned to your unit
(subject to restrictions).
B. Use of the Common Facilities on an equal basis (in
accordance with approved rules and regulations).
C. Have the Common Elements Maintained, Repaired, Replaced
and Kept Sanitary to an Agreed-Upon Standard
D. Receive All Services Due on an equal basis.
E. Security and Protection from Criminal Acts and Hazards
Vigorous efforts to protect against fire, storm, and other
hazards; against any violations of security or any criminal
acts; and against any infringements of owners' personal data
or other rights;
Reasonable concern for stability of investment values to the
extent these are affected by common actions.
2. YOUR RIGHT AS AN ASSOCIATION MEMBER TO A FORMALIZED,
PROPER GOVERNANCE SYSTEM THAT IS EMINENTLY FAIR
New Jersey Condominium law mandates that homeowners have a
fundamental right to an association government which
furthers the well being of the homeowners.
A. The Association Must Be Organized into a Proper
Governance Structure
This includes:
A board of directors/trustees of specified number and
qualifications, officers, powers and duties, election
procedure, term of office, procedure for removal and filling
vacancies of directors, and liability;
Meetings with schedule, agenda, notification, minutes, and
attendance by unit owners.
B. Procedures for Rule Enforcement
The association will be managed in accordance with
association documents and rules, which will be enforced
diligently, consistently and equally;
Formal and approved mechanisms for enforcement of rules.
C. Mechanisms for Justice
A basic principle is to attempt to solve problems rather
than punish alleged offenders or win a dispute. This would
begin with reasonable informal processes before any formal
procedures are invoked. The formal procedures include:
A separation of powers so there is justice free from
political interference; Mediation/ADR must be used to
resolve complaints and disputes before resort to litigation;
Resolution of alleged rule violations and disputes may not
be delegated to a managing agent;
The association will not undertake to resolve alleged
criminal actions;
Due Process: The rule enforcement and dispute resolution
process must be based on due process. With the sole
exception of regular assessment collections, an association
must afford each of its members due process before any
disciplinary action is taken. Due process requires: The
procedures for enforcing rules and settling disputes must be
approved and made known; the rules and penalties must be
approved and published prior to any enforcement; equal
enforcement of rules; written notice of the specific
complaint; presumption of innocence; a hearing in a fair
tribunal before an impartial and qualified referee, with the
opportunity to see evidence and confront accusers;
opportunity to appeal to an impartial forum; no unreasonable
penalties.
D. Fair Elections
There must be approved and published Election Policies and
Procedures detailing all aspects of elections, including
nominating or election committee, nominating procedure,
campaigning, notice of election, rules for absentee and
proxy ballots, conduct of the election, and vote counting.
The election procedures must have commonly accepted means to
prevent irregularities and the perception that
irregularities could occur, such as a level playing field
for all candidates and a neutral party to conduct the
elections.
E. Proper Procedures Will Be Developed With Homeowner
Involvement and Will Be Published and Adhered To
Approved procedures are needed to assure the governance
system will function effectively and in a manner consistent
with law and the needs of unit owners.
These procedures should include the operation of the board,
elections, creating and changing rules, rule enforcement,
dispute resolution, hiring and firing, employee work
schedules, contracts and purchasing, communications,
budgeting and auditing, and other necessary procedures.
3. YOUR RIGHT TO PROPER EXECUTION OF POLICIES, PROCEDURES,
AND FIDUCIARY RESPONSIBILITIES
A. Homeowners Have the Right to Full and Proper Performance
of Duties by the Board
Every board member must follow the procedures designed to
advance the association members' welfare;
Every board member must actively perform as a director and
may not simply sit and observe.
Fiduciary responsibility may not be abdicated to anyone;
Every board member must see to it that unit owners' rights
are protected, and if any right is violated, particularly by
an officer, each board member must make every effort to
correct the offense to the unit owner and the violation of
procedure.
B. Ethical Conduct and Protections Against Corruption and
Conflicts of Interest
Board members will use the powers and resources of a
director only for advancement of the association and not for
any personal gain, whether financial, legal, power in the
community, or other benefit;
The association must have a published code of ethics for
board members detailing prohibited conflicts of interest and
assurances of ethical conduct;
The managing agent and superintendent must not have a
conflict of interest. The managing agent must observe the
code of ethics of the industry and association;
The managing agent must give allegiance to all the unit
owners of the association, and will show no favoritism to
board members.
C. Compliance With Laws
The association will be law-abiding and will:
Comply with legal requirements applying to all parts of
society, such as non-discrimination in housing;
Comply with health and safety codes;
Comply voluntarily with legal provisions and recommended
procedures for protecting the interests and rights of
homeowners, and will not resist complying;
The board will bring the association's rules and procedures
into conformance with the state law and with changes in the
laws.
D. Careful, Judicious Handling of Association Finances
Honest, careful, and open dealing with association finances;
Adequate safeguards against corruption and enforcement of
those procedures;
Detailed and careful record keeping;
Compliance with recommended accounting procedures;
Full and regular reporting to unit owners;
Easy access by unit owners to financial records;
Maintenance of adequate reserves to cover replacement of
common elements;
Prompt and vigorous action to collect delinquent
assessments;
Appointment of a finance committee with responsibility to
oversee all aspects of association finances, including
bills, bidding, performance of suppliers, and payroll, and
to report to owners and the Board;
Adequate supervision of all vendors and competitive bidding;
Adequate insurance coverage of the common elements.
E. Appropriate, Businesslike Relations With Government
Officials
No infringement on unit owners' citizenship rights to work
and vote for any political party or candidate in any public
election;
The association is not to act as an arm of any political
party, faction, or candidate on any level of government.
4. YOUR RIGHT TO PARTICIPATE IN ASSOCIATION AFFAIRS
An open system that gives homeowners a direct say in the
political process and that has published rules that
encourage broad participation, attracts candidates for the
board and committees, that guarantees equal opportunity and
provides no special advantage to incumbents and their
supporters.
A. Voting Rights
To vote the share allocated to your unit in any election or
on any issue brought before the membership. All unit owners
who are in good standing are qualified to vote, and are
qualified if they have paid all due assessments and charges;
To elect board members;
To remove a board member or members at any meeting of the
unit owners at which a quorum is present, with or without
cause;
To approve or disapprove a major capital expenditure;
To approve or disapprove any proposal to amend the governing
documents.
B. An Active Committee System
A system of committees with meaningful assignments and
utilization of their efforts;
Encouragement and appreciation of committee volunteers;
A system that provides for reasonable turnover in board,
committee, and newsletter membership, and broad
participation in the association governance structure
without harassment or obstacle.
C. An Open and Appropriately Responsive Board which:
Voluntarily, not grudgingly or only under pressure, conducts
association business openly under the gaze of unit owners;
Listens with grace and understanding and encourages rather
than suppresses unit owner participation and contributions;
Listens to suggestions and critiques of board policies and
procedures and of association operations;
Gives prompt response to questions, suggestions, and
requests;
Refrains from recrimination, rebuke, intimidation, or
retribution in response to suggestions or criticisms of
board actions or policies.
D. Right to Exert Influence On Any Association Matter
To petition the board on any association matter, including
requests to do something, to not do something, or to change
policy or procedures;
To organize and join with other unit owners in forming
independent committees;
To conduct surveys, hearings, conferences, or meetings - to
inform members of the association and to petition the board;
To publish and distribute independent newsletters,
information sheets, or other materials;
To have equal access to be published in an association
newsletter.
5. RIGHT TO HOLD THE BOARD ACCOUNTABLE
In all types of organizations in which a few have the power
and authority to affect the welfare of others, it has been
established that those affected have the right that those in
power account for their actions. The essential idea of
accountability is that those with power must with diligence
and thoroughness routinely disclose the financial and other
records and maintain transparency in governing to those
whose welfare is affected. Accountability must be built into
the system.
In an association of homeowners, some specific forms of
accountability are directly required, such as financial
audits released to all, while others are stipulated but the
precise form of compliance is not specified - provisions for
fair elections, for example. In addition, oversight for
accountability is built into the system through agencies
outside the specific organization and which then exercise
oversight - by the courts and regulatory agencies, for
example. A free press and outside arbitrators in disputes
are other examples. In effect, it is essential to have a
system of checks and balances.
The right of homeowners to hold those in power accountable
through oversight is also realized in relatively simple
procedures:
The right to a quick, factual response to an inquiry;
The right that financial and other records will be kept in
routine manner, such as inventory controls and check-writing
controls;
The right to disclosure procedures which insure easy access
to most documents within a reasonable time and without
unreasonable restrictions;
The right to be routinely informed in the course of
business;
A right that a Book of Resolutions will be kept by the
board: an orderly, indexed record of resolutions and
procedures adopted by the board, including the date and
reasons for the each resolution;
That every position - president, director, newsletter
editor, or other - is a scripted position with public
knowledge of the obligations and limits of the position.
Unit owners are able to fulfill their right (and
responsibility) to scrutinize and hold the board accountable
for its policies, actions, and statements and to protect
their investment and their home, only if they have full and
unfettered access to all forms of information and actions
generated by the board, managing agent, employees, and
contractors.
6. YOUR COMMUNICATION AND INFORMATION RIGHTS
To meet the requirements of accountability and rights to
responsible participation, an association should have a
system to diligently and regularly keep unit owners fully
informed on affairs of the association and external matters
that affect the association, and which includes sufficient
opportunities for owner viewpoints to be expressed without
retribution.
A. An Objective and Complete Two-Way Communications System
B. Full Disclosure, in Writing, of All Policies, Procedures,
and Rules
C. Access to Records:
A right that is unequivocally specified in community
association law, association governing documents, and
recommended procedures for association operations is access
to association records. This includes access to: Minutes of
board meetings. The board must maintain accurate and
detailed records of its actions and minutes of all meetings,
which must be available for examination by homeowners;
All policies and rules and regulations and changes therein;
Committee minutes and reports;
Financial records. The financial reports of the association
should be designed to meet homeowners' needs for prompt,
complete, intelligible, and accessible financial
information. Financial records include the detailed books of
account and supporting vouchers, a chronological record of
all receipts and expenditures, monthly income and
expenditure statements, the proposed annual budget, a
separate account for each unit, the proposed assessment
against each unit and any proposed special assessments, a
copy of the certified audit of the association's accounts
prepared by a certified public accountant;
Studies and reports prepared for the association, including
drafts of those reports, such as engineering studies and
lawyers' reports;
Contracts: with the managing agent and other vendors;
Insurance policies;
Records are to be available at the association's office and
at reasonable hours.
D. Open Board Meetings, With Notice, Agenda, and Minutes
All meetings of the board of directors must be open to
attendance by all unit owners. All board decisions and votes
must be conducted in public sessions.
Executive sessions may be held only on certain limited and
specific confidential matters;
Meetings must be held at reasonable hours;
Adequate notice of board meetings must be given to all
homeowners;
Minutes of the proceedings must be taken at all meetings and
copies made available to homeowners before the next meeting;
Agendas for all meetings must be made available to
homeowners before the meetings.
E. Freedom of Expression
Freedom to express views in oral, written, or graphic form;
Freedom from interference or political harassment for views
expressed;
Opportunity to hear all views expressed without having flow
of information from any segment of the association
curtailed.
7. YOUR RIGHTS AS A MEMBER AND NEIGHBOR IN A RESIDENTIAL
COMMUNITY
The essence of the residential community association form is
a community of owners living in mutual respect for each
other's rights, which include:
Courteous and respectful treatment by the managing agent,
the staff, and other homeowners;
In their conduct as directors board members will not slander
the character or motives of any homeowner;
All homeowners will comply with association documents and
rules;
Other homeowners will respect and actively support your
right to live in peace, as you will respect theirs.
8. RIGHTS DUE ANY MEMBER OF UNITED STATES SOCIETY
A. The Association Must Provide for and Protect All the
Rights That Apply to All Americans
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Lois Pratt and Samuel Pratt
7855 Boulevard East, 11C
North Bergen, New Jersey 07047
Fax 201-861-5917
Email: LoisSamPratt@msn.com
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SELECTED REFERENCES
Burgess, Thomas. Selecting An On-Site Manager. CAI, 1991.
By-laws and Master Deeds of various condominium
associations.
CAIonline
Common Ground (magazine)
Community Trends, CAI - New Jersey Chapter (monthly
magazine)
Federation of New York Housing Cooperatives, Rights &
Obligations of Shareholders/Condo Unit Owners, 1994.
Jackson, F. Scott and Baratti, David G. Strategies of
Successful Enforcement of Rules and Deed Restrictions. CAI,
1992.
Nagle, P. Michael, Guide to Annual Meetings, Special
Meetings and Elections. CAI, 1992.
State Condominium Laws.
State and U.S. Constitutions and Bill of Rights
Rosenberry, Katherine, ABCs. A Basic Course for Association
Leaders. CAI, 1994.
Sellers, Tonia C. and Lazega, Jay S. Conflicts of Interest.
CAI, 1991.
Smith, Wendell A. Condominium & Community Association Law.
Gann Law Books, 1993.
Walker, Vivian G. Resolving Association Disputes. CAI, 1991.
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