One of our Market Street at Town Center Condominium
Unit Owners Association policy resolutions contains a provision that I consider
to be extreme and overreaching. I told
the Board of Directors of my concern about that provision before the Board
adopted it, but they included it anyway.
Now that two of the four residential Directors are about to be replaced,
I hope that unfortunate provision can be deleted.
The offending provision is paragraph C10 of Policy
Resolution No. 10-14, "Code of Conduct for Condominium Leaders". It prohibits members of our Board of Directors
from speaking with any of us non-Board-member unit owners regarding certain
topics. Those forbidden-to-speak-on-the-issue
topics are “Association matters that are currently, or that should properly be,
before the entire Board.”
That prohibition flies in the face of the usual idea
that an elected representative may—and SHOULD—talk with constituents about
matters of interest that are or may come before a legislative body.
Also, might not that prohibition violate Section 55-79.75:1 of the Virginia Condominium Act, which requires that our Board of Directors establish a reasonable, effective, and free method, appropriate to the size and nature of our Condominium, for unit owners to communicate among ourselves and with our Board of Directors regarding any matter concerning our unit owners association? In my opinion, our Board has never adequately complied with this requirement, and this prohibition appears to exacerbate that insufficient-communication problem.
Also, might not that prohibition violate Section 55-79.75:1 of the Virginia Condominium Act, which requires that our Board of Directors establish a reasonable, effective, and free method, appropriate to the size and nature of our Condominium, for unit owners to communicate among ourselves and with our Board of Directors regarding any matter concerning our unit owners association? In my opinion, our Board has never adequately complied with this requirement, and this prohibition appears to exacerbate that insufficient-communication problem.
That shameful paragraph C10 also includes this
sentence: “If a discussion is unavoidable with said Unit Owner and an
interaction does ensue, the Board member should attempt to get a second Board
member or other witness to be included in or to overhear the discussion if at
all possible.” I ask, why would a
conversation between a Director and a constituent be viewed as so threatening?
If all of this isn’t bad enough, here is the last
sentence of paragraph C10: “Afterwards, the Board member should prepare a
memorandum of the conversation and submit same to the Board for review at the
next scheduled Board meeting, as well as send a letter to the homeowner
memorializing the conversation.” I ask,
sarcastically, how much chilling of communication between Unit Owners and Board
members was the Board trying to achieve, and why?
The Policy Resolution (link in second paragraph) also
contains a sentence near the end that is of concern so long as the offending
paragraph C10 remains in effect. That
sentence is: “Existing and future Condominium Leaders, including persons
running for the Board of Directors, will be given a copy of the Code of Conduct
and will be asked to sign that they have received it, have read it, and agree
to abide by it.” I would prefer a
Director who would refuse to sign the Code of Conduct so long as it continues
to include that offending paragraph C10.