Re: Advice Requested on Co-Housing Condos | <– Date –> <– Thread –> |
From: normangauss (normangauss![]() |
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Date: Thu, 30 Jun 2005 19:06:18 -0700 (PDT) |
In California, the Board of Directors is responsible for managing the property and maintaining the financial well-being of the association. They have special fiduciary duties and powers that they agree to exercise when elected. If each Board member exercises Due Care (attends meetings and makes reasonable inquiries) and Due Loyalty (impartiality to his/her own interests) these powers theoretically could be given to everyone in the community. Every Board meeting would in essence be a meeting of the entire community. Unfortunately this would require that everyone attend meetings, which does not happen. Our meetings count proxies as being present. Proxies at HOA Board meetings is illegal in California. Because of the impracticality of requiring attendance of everyone at meetings, this scenario is unworkable. It is also unworkable because it would require every member to be impartial to his/her interests. As a compromise to help the community work with the Board of Directors, I have proposed a protocol whereby the Board acts as an advisory body to the whole community. Since the Board is legally responsible for all decisions, it can notify the whole community when decisions made by the latter are not wise, sound, legal, etc. The community can then take this new information and change decisions or abandon them altogether. If the Board is willing to accept the decisions made by the whole community after reviewing the Boards recommendations, then the process is workable. This arrangement is more risky than specifying that the final decisions be made by the Board only. Since only the Board can be guilty of non-management or mismanagement and only members of the Board are personally liable, permitting the entire community to have free decision making power can expose the Board to legal suits over decisions it has no control over. But it does relieve the Board of acquiring the reputation, so common in HOA's, of being a haughty, uncaring, unilateral-acting body, which many of our current members have a strong desire to avoid. Norm Gauss
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Advice Requested on Co-Housing Condos Philip & Rosalie, June 30 2005
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RE: Advice Requested on Co-Housing Condos Rob Sandelin, June 30 2005
- Re: Advice Requested on Co-Housing Condos normangauss, June 30 2005
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RE: Advice Requested on Co-Housing Condos Rob Sandelin, June 30 2005
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Re: Advice Requested on Co-Housing Condos Raines Cohen, July 1 2005
- Re: Advice Requested on Co-Housing Condos normangauss, July 1 2005
- RE: Advice Requested on Co-Housing Condos Casey Morrigan, July 1 2005
- RE: Advice Requested on Co-Housing Condos Casey Morrigan, July 1 2005
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