Dear Homeowners,
As you consider your options for the upcoming Special Meeting on August 27th,
I hope you commit to voting by attending the meeting, or by proxy. I think it
is very important that you are informed before making your decision.
As some of you know, I’ve taken a stand against what I believe to be behavior
that does not benefit or represent our community. But, being against something
isn’t enough. You have to stand for something, and I’d like to briefly describe
my own point of view, which may be different than characterizations being
passed around about me.
As I sought information about how to enforce rules on Board Members who
controlled a majority on our Board and resisted accountability, I found an
article at HOALeader.com, and the words “Don’t just give up” jumped out at me.
I recognized immediately that we were just another example of a pattern that is
repeating frequently in Colorado and across the USA. Our experience and
frustrations are not unique.
When I looked at the options, none of them were what I expected. If a majority
wishes to ignore the basic statutes, governing documents, or Robert’s Rules of
Order, there are only two options – A special meeting or court order. And,
neither are pleasant, efficient, or cost-efficient.
But removing Board members begs the question: What replaces those who don’t
have a good faith commitment to be informed before they make decisions? And,
what’s the right process to have Boards that truly represent us as a community?
The answer is: Purpose, Vision, and Values.
While fiduciary duty is often repeated as the core purpose, it’s not. It’s like
having an idea for a business, and people asking what is the purpose of the
business, and then answering “To make money”. No, that’s the operational or
strategic plan. Of course we want our homes to have optimal values when we sell
them, but that is not the Purpose of an HOA.
We need a Purpose that is shared by everyone, and has it’s roots in the people
and pets who live here in these buildings we value. And, that Purpose should be
kept in mind with each decision our Board makes for us collectively. If a
decision is not in harmony with our Purpose, it should not be chosen.
Once we have a Purpose, we can then apply a Vision that projects into the
future – a year, 5 years, maybe even 20 years ahead. What can we positively
contribute to reach our Purpose, as we move forward? Is it about the physical
surroundings, or is it about the governing documents that then direct our
Board, Officer, and Committee actions to achieve our Purpose.
But, even with Purpose and Vision, we need to act with an agreed set of Values,
that doesn’t just pursue the goal without mindfulness towards the manner in
which we get there. If we achieve maximum value of our homes, but everyone is miserable
living here because we value money over the quality of our experiences, what
have we accomplished?
I’m not going to tell you what our Purpose, Vision, and Values
should be. I have ideas, and I will gladly share them. But, this is something
that requires input from the entire community, and should not be given by proxy
to a few individuals on a Board to decide for us. It’s a recipe for discord,
and leaving those who avoid confrontation out of the process. We need a Board
that not only has the best interests of the community in mind, but actively
seeks input from all members in a transparent manner, and respects the minority
in any and all decisions.
Much as been said about the deficiency of our governing documents, and I
disagree that they are inherently conflicting. After spending nearly a year
studying them, seeking professional input, and comparing with other successful
HOAs, I have a much different perspective.
The documents are merely a starting point, or a template. They contain the
basics, which, in many cases, are lifted directly from the statutes in the
NonProfit Act and CCIOA (Colorado statutes that govern HOAs). But, even the
statutes are merely a common denominator. They neither cover every topic, nor
do they attempt to give us granular detail to determine our rules, guidelines,
or policies.
In a way, they give us the freedom to determine our own path. But, if we don’t
use this foundation to build out and enhance the template of our governing
documents, inevitably, there will be disagreements on interpretations. And,
unless those engaged in creating, editing, or amending the documents have a
clear Purpose, Vision, and Values while making changes and be inclusive of the
entire community in the process, the reality is that a temporary majority will
simply impose it’s opinions and will on the minority who doesn’t have power.
The same people advocating that consistency is not possible unless they are
consistently in power fail to recognize that it’s only a pendulum swinging between personalities. When a different group
gets majority control, there can be sudden changes – and that’s what we’ve
experienced so far. We need Institutional Consistency by building out solid
policies that are in alignment without our Purpose, Vision, and Values.
In order to have order, transparency, and peace, we must use Robert’s Rules of
Order to have open meetings in which anyone can have their concerns added to
the agenda without resistance or burdens.
And, to ensure there is not debate about what has occurred, we must
utilize 21st Century technology to preserve the record with audio
and video recordings. Meetings must not be dominated by bullies who dismiss,
deride, and ignore those who do not hold the gavel or majority.
Unfortunately, self-governing HOAs do not have standards or requirements for
volunteer service on a Board or to be an Officer, even though such is on the
cusp of being enforced on CAMs (Community Association Managers). Yes, we elect
volunteers, but it is a serious job that requires people who are willing to
take the time to read and become informed before making decisions. Ignorance
can be excused, even legally, but willful ignorance should never be tolerated.
To move forward, becoming a Board Member, we should have
elections that are more than seeing who will stand up each November in a room
to be voted in as a group. Each person who volunteers should be prepared to
explain their Purpose, Vision, and Values to their neighbors – and then perhaps
their Strategic and Operational Plans to achieve defined goals. We’ve tried
having volunteers who have no idea of what they are getting into, and the
experiment has been a mix of success and failures. But, the failures have been toxic.
Going forward, any volunteer who wishes to be a decision-making Board member,
who volunteers for the job of helping our community reach it’s Purpose, Vision,
and Values should be ready to perpetually grow and learn, which requires reading
not only the governing documents and statutes, but professional and expert
articles and opinions in order to be fully informed. What comes with this
volunteer job is a mountain of responsibility, which includes the power to levy
fines against neighbors, and apply other sanctions that are legally binding.
Finally, the idea and concept that dissent is somehow an appetite for conflict
is misplaced. We are not a Republic, nor are we an Autocracy – although some
may wish it to be. We are a Parliamentary Democracy, and the ultimate power
should be with the voting members of the HOA, not the Board. The Board answers
to the Owners, and should never conceive of itself as ruling over, or even
being smarter than the Owners they serve.
Because dissent is not the antithesis to a successful operation of an HOA,
there must be an orderly manner for the right of members to not only voice
their concerns at a meeting, but to make them known in writing (or even audio
or video recordings) to the rest of the membership. We may not all agree on
everything, but we must all agree to never, ever censor even a single
individual who has no allies on any subject. “The minority SHALL BE HEARD” is a
principle of Robert’s Rules of Order, and that system of allowing the minority to
voice their dissent against a majority should not be forbidden. We must not
treat dissent as a crime, and we must not characterize dissenters as any less
of a member acting in good faith.
As you consider our path forward, I hope you will contemplate and meditate on
what you believe should be our collective Purpose, Vision, and Values. And,
when the time comes to agree upon common ground, that you will support those
charged with the duties that come along with volunteer service to our
community, as they act in good faith to bring them to life and achieve our
goals.
Thank you for taking the time to consider my opinion on the matter.
Sincerely,
Andrew Mowery