Disregard Dissenter, Rapid Fire Round

Dear Sir, I have some very important questions and I totally trust your input after reading your column now for quite a while. Our association board consists of 3 people. Two of them are totally against the other board member who has some great ideas but they always say “NO” to him, what can he do about that? I go to each and every meeting and they both laugh and say sorry you’re outnumbered. He has been threatened by them to be removed because he speaks up and they don’t want to hear it. As for the management company they take the two board members side because they don’t like his complaints so they side with the two. I want to know what I can do, and those two WILL NOT adhere to the rules. Also can’t they be removed for not following the rules?  Thank you, R.T., Murrieta R.T., You describe a dysfunctional board. Unless the directors treat each other with respect, board service will be torture. Nobody has nothing to offer – even a broken clock is right twice a day, right? However, sometimes directors are ostracized from the other directors because of their conduct. A manager should not “take sides”, but should give good advice and then follow board instructions — which means following the majority vote. As to the threat of removal, normally directors are removed only by membership vote. A board is a team, and you are all neighbors. Mutual respect and civility must be a priority in association meetings. If your board refuses to conduct themselves with courtesy and decorum in meetings, or...

Renter Information, Who Votes?, and HOA Financials

Hi Kelly, What recourse does a Board pursue when they cannot get information from owners on tenants residing in their community such as names, phone numbers? I am not sure the best way to proceed. Thanks, M.H. (manager) Pasadena Dear M.H., Under Civil Code Section 1360.2(d), new in 2012, before an owner rents a residence, the association must be provided the: Date the owner acquired the residence; Name of the prospective tenant; and Contact information of the prospective tenant. This is a new law, so most members probably are unaware of it. If, after notification of the new law, the owner refuses to comply, the association may need to impose disciplinary proceedings. It has always been a good idea for the association to have record of who has the right to occupy a given residence, but now it is the law. Best,Kelly Dear Kelly, Are members permitted to make motions from the floor during Board of Directors meetings? Can you please provide the legal citation? Thanks, G.K., Anaheim Dear G.K., Members make motions at membership meetings, and directors make motions at board meetings. Membership meetings decide matters which are submitted to all of the members for decision. Common membership meeting topics would include the election or removal of directors, amendments of the CC&Rs or bylaws, or major assessments. There are various sections of the law which reference the board making motions in the board meeting, such as Corporations Code Section 307(a)(4-6). The “Open Meeting Act” provides at Section 1363.05(b) that members may attend, but does not say members participate. At subpart (h) of that law, members are to be...