Dealing with an Unresponsive Board Don't Shut Me Out

Requests that go unanswered, records that cannot be found, meetings that happen behind closed doors, an opaque veil of non-communication. Unresponsive boards are the bane of HOA members—they seem to operate behind an iron curtain of inaccessibility, and over time their behavior and policies can lead to both shareholder apathy and eventual resentment. Shortcomings like these can make a board seem like it is not serving the needs of the unit owners, whether the issue is a matter of bad policy or just a difference of opinion.

Root Causes

HOA boards are generally comprised of members of the community who have volunteered to take on a leadership position within their association. The idea is that each member of a board is serving out of a desire to improve and maintain the community. So why would a board become distant, or want to conceal its operations from other residents?

"Alienation is usually a reaction to a small group—which may be a vocal group—and not the whole community," says J. David Ramsey, an attorney with Ramsey Berman, a Morristown-based law firm. "A vocal few can generate discontent."

Offering another opinion, Bruce Freeman, an attorney with Woehling & Freeman, in Westfield says, "When boards become distant it is more often than not a function of not properly following procedures." Freeman's believes that many of the boards that are accused of being indifferent or unresponsive may instead have a good faith disagreement with an angry shareholder.

"I'm not naïve, and I do understand that there have been boards that have frozen out members of the community due to a personal agenda, but those instances are in the great minority," says Freeman. "More often than not, the perceived distance is due to something like not having open meetings in accordance with the Real Estate Disclosure Act, or not offering alternative dispute resolution (ADR). In my experience, most boards take their duties very seriously."

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5 Comments

  • Isn't arbitration to be paid for my the association?
  • I am trying to deal with a non-responsive HOA. I would like to sell my condo, but maintenance and HOA repair for water leaks is keeping me from putting the condo up for sale. The HOA president admits that it is the HOA problem, but will not do anything to get the water problem fixed. How do I get them to do their job?
  • The board here doesn't answer complaints nor follow bylaws here what can we do we can't pay a lawyer maybe legal aid can do this
  • Our board doesn't answer complaints if concerns here I'm our condo nor follow bylaws take away our ammendities here without explanation nor notices what road can we take we do not have funds to pay a lawyer is there any organization that can help besides legal aid Westchester county NY
  • I have been stalked, harassed, had false allegations made against me and charged $200 for these lies. She continues to harass me. She is not accepting any thing larger than an envelope from the post office addressed to me. We have a large package room. This means almost thirty mile round trip to the PO. Friday I received another post office slip. Went to the post office, stood in a long line, only to be told my package was still on the truck which hasn't returned yet. This harassment has been going on since October when I asked her why she never wore a mask. There are posters placed throughout the property, wear a mask. Everybody knows that. I also would not let her bully me when she would not allow me to speak. I have written seven emails to the board since October. The manager intercepted five of those. No response. She has no skills whatsoever to hold this job. She is suppose to be an employee here. But she acts as this is her kingdom and the rules do not apply to her. She is one of the worst people I have ever met, I'm 71 years old, not in the best of health. Two bouts of colon cancer in the last two years, she knew I had cancer. But nothing is going to stop her from "getting even." No people skills, no empathy, very immature, hateful with a giant chip on her shoulder. What can I do about this?