LMB

Thank you for your counsel. The confirmation is appreciated.

Our board has received a printed, mailed, letter alleging misconduct by a board member. Included are approximately thirty pages of screenshots of social media activity by the named board member. This matter will be discussed in open forum at the next meeting. Is it permissible to include the letter as part of the minutes, along with filing the physical letter and attached pages?

Update: General Counsel for the Association has returned with a written opinion on the matter. Our bylaws are completely silent on disciplinary matters, and all we have to use for a framework is RONR. The process, thus far, hasn't even followed the steps outlined in the book, unfortunately. There has been no trial proceedings, no committee formed, no formal investigation.....the meetings barely follow Parliamentary Procedures. Two individuals made a complaint to the property management company. The Board was made aware of the two complaints, and the accused prepared a defense, of sorts. During Executive Session the Board voted to seek legal advice - which we did. At the next monthly meeting, during Executive Session, we are anticipating a vote on the matter at hand. However, we are unclear on who should withhold their vote. It seems obvious that the accused would not vote, but one of the complaints was made by a fellow Board member. This situation does not, clearly, fall within the one circumstance under which a member should withhold their vote yet it seems ludicrous that a Board member can bring a charge, even loosely, then vote on it! I fear we are about to set a precedent for future dealings and we need to do things correctly. Any guidance here?

"Tread careful here mines around." What's the saying? Truer words have never been spoken. This board is in its infancy, as we're the first HOMEOWNERS to run it (as opposed to the developer of the community). The pages dedicated to the establishment and running of the board itself are relatively few and we have no precedent for just about everything! We are blazing a trail, as it were. The issue at hand comes to one deceptively simple question: what is the legal definition of "commercial" as it applies to the selling of puppies. Our documents do not define it, so we must go to local & state ordinances/laws. Then the matter becomes more clear but the board members are sharply divided on the 'intent' of the wording in the by-laws. We have chosen to consult legal counsel for the Association but I fear that won't help as it is an opinion, and not binding. I thank you for the website suggestion, and I'll have a look. This Q&A resource has been very helpful, also. Research continues!

Good evening. I am a member of a Home Owners Association board, and a complaint has been made against a fellow board member, namely that she is believed to be in violation of a specific covenant (regarding ownership of pets). There were two separate complaints, made by two individuals, one of which happens to also be a board member. Are both of those two board members (the one who made the complaint and the one defending herself against the complaint) permitted to vote about the matter? Our covenants/bylaws do not discuss this at all. Thank you.