Member Rights to address complaints to the Board?

The homeowners are in charge of the association.

Often, homeowners will elect a board of directors to operate the association and preserve, enhance and protect the value of the CID, but the board answers to the homeowners. CA Dept of Real EstateAttorney General HOA Complaints *

If you would like to complain that your non-profit mutual benefit corporation has failed to hold regular meetings of members, failed to allow a member access to books and records of the corporation, failed to provide annual financial reports to members, failed on request to provide a list of names and addresses of members, or failed to provide other specified member rights, you may submit your complaint Sample Complaint form you might also file in Superior or Small Claims  Court to enforce the law  – your rights Kinsey Law.com     

Calif. Code of Regulations on this

 Corporate Filings Statement of Information  Statement of Common Interest   

Sarbanes-Oxley 66 page pdf entire law  

1st Amendment Right to Petition Q & A First Amendment Center.org

Findlaw 1st Amendment Center

Brown Act - Very similar to Davis Stirling - Learning Video

4 comments on “Right to address Complaints & Grievances?

  1. 1. How long are the decisions of any one board in effect?
    Do decision carry over from year to year, if all board members are elected for one year only?
    I was under the impression that everything “resets” with each new board, meaning if last year’s board decided to get rid of a committee, then this year’s board can appoint a new one… or that if one board chose to use a specific vendor, the new board can consider a different one.

    2. All our bylaws state about the presidents role is that they will chair meetings in the absence of a chairman of the board and that everything else they do is subject to control of the board.
    I have been told by someone not involved in my organization that the only thing the president might do that was different from another member is they might give a president’s report, much like a committee chair person might at a board meeting, and that the report would contain updates on items of business that took place in between meetings.
    If a president was not sharing the meetings would they be doing anything other than that possible report that would be different from any other member?

    3. In the case of a person who has been president many times in the past decade, I’ve seen a tendency for them to do the job as they always have, which is acting as if they have more power than a regular member, and as chairperson using the presidential position as a bit of a podium for their own point of view, so the two positions (Chair, President) become more than the sum of their parts.
    A regular member cannot do this, and so the president becomes more powerful than a regular member as far as influence, in this way.
    Is there anything that can be done to cut tail this tendency?
    Just like committees have charters, I thought that a charter for the presidency might be a good idea, however I have no doubt that some people will think that I’m trying to control or neuter the president in some way.
    That assumption may be true, but the effort would only be to bring them back to where they’re supposed to be, and not to take any power that should be there is away from them. It’s my understanding that the president has no extra inherent powers.., so in essence the effort would be to bring them back to the level of power they’re supposed to have, which is equal to any other member.

    • Decisions of the Board would remain in effect forever. They might be changed in a future Board Meeting.

      Citation:

      QUESTION: Our board voted to make a repair and recorded the vote in the minutes. At its very next meeting, they voted not to make the repair. Can the board change its mind like that?

      ANSWER: Yes, boards can change their minds by rescinding and amending motions that were previously adopted. (Roberts Rules, 11th ed., p. 305.) Boards may receive new information that cause them to modify spending priorities. In addition, subsequent boards are not bound by the decisions of prior boards. Subsequent boards are free to change direction by a majority vote of a quorum of the board. However, boards are subject to any contracts entered into by prior boards and should not repudiate contracts without advice of counsel. https://www.davis-stirling.com/HOME/Rescinding-a-Decision

    • President’s Duty?

      Duties.
      Unless otherwise provided in the bylaws, a president’s duties generally include:

      presiding over board and membership meetings,
      serving as liaison between management and the board,
      serving as liaison between the association’s attorney and the board,
      serving as general manager and overseeing day-to-day matters, such as meeting with vendors, soliciting bids, etc. (unless a manager has been hired to handle those duties),
      co-signing checks with the treasurer or secretary,
      serving as an ex officio member of committees.

      Boards have a duty to monitor the president’s actions. If the president fails to abide by spending limits set by the board, fails to timely report matters affecting the association or exceeds other limitations set by the board, fellow directors can immediately appoint a new president. https://www.davis-stirling.com/HOME/Duties-of-President

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