Board of Directors Shunning Unit Owner Input?

At the Board of Directors meeting 28 February 2008, one of the items of “New Business” on the agenda was “Recommendation of Resolutions/Policies”. When the Board considered this topic, it became clear from the discussion that the Association Manager had provided the Directors with rough drafts of possible resolutions the Board could use as starting points for resolutions the Board could eventually adopt as part of our “Rules and Regulations”. The Directors asked questions and made comments to the Association Manager regarding those draft resolutions. One of the resolutions seemingly dealt with parking in our garage, and the other seemingly dealt with collections policy, and supposedly would supersede an existing Board resolution on that issue. Neither draft resolution had been included in the Board meeting information packet available in the On-Site Manager’s office for unit owners to review.

The next day I asked our On-Site Manager to at least let me look at the draft resolutions the Association Manager had provided to the Directors for that discussion, or, preferably, to provide me a copy of each of those draft resolutions. She forwarded my request to the Association Manager.

I was astounded at the response of the Association Manager. He stated: “Once the board approves the resolution, every homeowner will receive it and it will not go into effect for thirty days. Until the resolution is approved it is for the eyes of the Board, management, and the covenants committee only. Sam”

I view that response as reprehensible in two respects. First, it appears to be a violation of law. The Virginia Condominium Act includes the following sentence within paragraph B of § 55-79.75: “…at least one copy of all agenda packets and materials furnished to members of the executive organ …for a meeting shall be made available for inspection by the membership of the unit owners' association at the same time such documents are furnished to the members of the executive organ.” Those draft resolutions haven’t been made available for us unit owners to inspect.

The second reason I consider the Association Manager’s response reprehensible is that it is contrary to the best interests of us unit owners even if the law weren’t being violated. We unit owners don’t want requirements and restrictions that could possibly adversely affect our quality of life figuratively hatched by the Board of Directors in the dark of night, and then foisted upon us as a surprise after the Board has already made its decision.

While I acknowledge that we unit owners elect Directors to make decisions on our behalf, where is it written that our Board of Directors should try to avoid hearing our opinions, and try to avoid responding to our opinions if we do manage to make our opinions heard?

I believe the best solution to this situation is to elect some new Directors at the annual unit owners meeting 12 November 2008. The Director positions currently filled by Betty and Mike both are up for election for three-year terms then, and possibly the Director position currently filled by Chris will be up for election then too. So, two or three of the five Director positions will be up for election then, giving us unit owners a big say in the future composition of our Board of Directors.