Re: Fiduciary Responsibilities - Taking Care of the Community
From: Mariana Almeida (missmgrrlyahoo.com)
Date: Thu, 5 Jul 2012 12:17:57 -0700 (PDT)
Hi Norman, 
You mentioned: 
> Our membership is uncomfortable with the Board making unilateral 
> decisions and is not willing to give the Board leeway to act in the 
> best interests of the HOA 


Can you give us more details? 

Is the issue about delegation of power to a board? And lack of trust that this 
board will act in the best interests of the HOA? 

We have a 14 unit community where the board is the whole membership, so we 
don't have this issue. For weighty matters related to the CC&Rs or money, 
everyone weighs in.

Thanks, 

Mariana
Berkeley Cohousing in Calif



>________________________________
> From: Norman Gauss <normangauss [at] charter.net>
>To: 'Cohousing-L' <cohousing-l [at] cohousing.org> 
>Sent: Wednesday, July 4, 2012 10:24 AM
>Subject: Re: [C-L]_ Fiduciary Responsibilities - Taking Care of the Community
> 
>
>With only 15 households, that is much easier to do than when a community has
>36 households.  Some of our members don't even live here.  Their units are
>leased out to tenants.  Some of our tenants attend business meetings but are
>not allowed in the decision making process of financial issues.  We would
>have great difficulty in making the entire community a fiduciary body.
>There are even confidential decisions affecting individual members that must
>be made in closed session.
>
>Norm Gauss
>
>-----Original Message-----
>From: oz [mailto:oz [at] ozragland.com] 
>Sent: Wednesday, July 04, 2012 9:59 AM
>To: Cohousing-L
>Subject: Re: [C-L]_ Fiduciary Responsibilities - Taking Care of the
>Community
>
>
>Many cohousing communities, Songaia included, have a board which includes
>every adult member of the community - so the board and the community
>membership are one...
>
>On Wed, Jul 4, 2012 at 9:40 AM, Norman Gauss <normangauss [at] 
>charter.net>wrote:
>
>>
>> The whole community does
>> not have fiduciary responsibilities for its members and cannot be held 
>> liable for negligence or purposely making decisions based on personal 
>> preferences of a few members.
>>
>> The Board of Directors, being a fiduciary body, legally cannot let 
>> personal interests of its members be a basis for its decisions.  It 
>> must have the welfare of the community in mind rather than the welfare of
>its members.
>
>
>
>> Our membership is uncomfortable with the Board making unilateral 
>> decisions and is not willing to give the Board leeway to act in the 
>> best interests of the HOA.
>>
>> Does this type of conflict exist in other cohousing communities?
>>
>> Norman Gauss
>> Oak Creek Commons
>> Paso Robles, CA
>>
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