Wednesday, September 17, 2014

Communication Among Unit Owners


Below are the front and back sides of a handout I plan to use at the 25 September 2014 Board of Directors meeting.  I was motivated to prepare the handout and put up this post by inappropriate--perhaps illegal--restrictions on unit owner communication imposed by the Market Street at Town Center Condominium Unit Owners Association President at the Board meeting 28 August 2014. 

During the "Dialog" session preceding the formal "call to order" of the Board meeting, I started to introduce the question of whether FHA loan approval would or wouldn't be beneficial.  I had spoken for perhaps 30 to 60 seconds when the President interrupted, saying that that wasn't an appropriate topic to discuss.  I said I begged to differ, in that the issue was certainly one that concerned our Unit Owners Association, but she nevertheless barred further discussion of the topic. 

In my post at the following link, I discuss the issue I was forbidden to discuss at that last Board meeting.  http://msa-towncenter.blogspot.com/2014/09/fha-loan-approval-cons-and-pros.html 

The provisions of the Condominium Act I quote on the back side of my handout below can be seen in context at these links:

It appears to me that the Association President is (a) unaware of the quoted provisions of the Condominium Act, or (b) misinterpreting those provisions, or (c) willfully violating those provisions.  I view it as unfortunate that any of those three would apply to a Director--or worse, to the Director our Board of Directors chose to be our Association President.


You can see more of my posts regarding communication among unit owners by going to http://mstcuoa.proboards.com/thread/37/communication-unit-owners


Comments by Paul Rasmussen, Unit 305, to Board of Directors 25 September 2014 regarding
Communication Among Unit Owners 

Our Board of Directors currently allows each unit owner a total of three minutes during the "Open Forum"  to comment on any topics listed on the meeting agenda.  The maximum time for allotted for the "Open Forum" is 15 minutes, thereby possibly accommodating as few as five unit owners.  The Board usually doesn't respond to unit owner comments made during the Open Forum until the next monthly Board of Directors meeting. 

In addition to the Open Forum, the Board of Directors provides a fifteen-minute period before the Board of Directors meeting is called to order for unit owners to "Dialog" among themselves and with the Board.  A "three-minutes-per-unit-owner" time limit applies. 

Other than the above-mentioned "Open Forum" and "Dialog" sessions, what  reasonable, effective, and free method, appropriate to the size and nature of our condominium, has our Board of Directors established for unit owners to communicate among themselves and with the Board regarding any matter concerning our unit owners' association? 

Please note that the Board "shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners' association."

 Code of Virginia

Condominium Act

 § 55-79.75.  Meetings of unit owners' associations and executive organ.
D. Subject to reasonable rules adopted by the executive organ, the executive organ shall provide a designated period of time during a meeting to allow unit owners an opportunity to comment on any matter relating to the unit owners' association. During a meeting at which the agenda is limited to specific topics or at a special meeting, the executive organ may limit the comments of unit owners to the topics listed on the meeting agenda. 

§ 55-79.75:1.  Distribution of information by members.

A. The executive organ shall establish a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves and with the executive organ regarding any matter concerning the unit owners' association.

B. Except as otherwise provided in the condominium instruments, the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners' association.

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