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An
Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published
June 12, 2010
Reading
the guidelines published by the board of a Florida homeowners' association
reminds me of the English version of a communiqué from the SED (Sozialistische
Einheitspartei Deutschlands) of former East Germany: Follow
the party line or suffer the consequences! The majority of the board
is the absolute ruler of the community and its opinion is the law. That is
exactly what this sentence says: "The Board shall have sole
responsibility and authority for determining if a member is in good
standing."
Even
if it reads like this communiqué has the best interest of the community
in mind, it gives a few board members the absolute power over all its
neighbors.
Read
the exact wording and you will quickly realize that it gives the board
absolute power, even over the opinion of all other homeowners. The
headline "MEMBERSHIP IN GOOD STANDING" is absolutely
misleading, because the content really means: "You don't follow the
board's party line and you are no longer part of the ruling clique, you
are immediately considered the enemy -- part of the group the board
considers the 'DISGRUNTLED OWNERS'."
When
reading this communiqué,
please don't forget, Florida is still part of the United States of
America, a country with a national anthem that contains the words:
"And
the star-spangled banner in triumph shall wave
O'er
the land of the free and the home of the brave!"
Since
prayers opening board meetings are no longer considered politically
correct, maybe we should all sing our National Anthem before each board
meeting and remember the lyrics. Maybe that would help to remove
dictatorial ideas out of some board members' minds?
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MEMBERSHIP IN GOOD STANDING
Let
it be resolved, that the Board of Directors of the Association
shall have the right to remove any officer, committee member, or
appointee at any time with or without cause. The Board of
Directors has the right and authority to take action and or make
decisions which are consistent with and /or contrary, in whole or
in part, to any committee or subcommittee recommendations or
decisions. All Board of Directors members, Neighborhood
Committees, and Standing Committees are to be members in good
standing. The Board shall have sole responsibility and
authority for determining if a member is in good standing.
The Board may determine, in its own judgment, that extenuating
circumstances exist which have prevented a particular member from
meeting all the requirements as a member in good standing. A
member is regarded to be in good standing if:
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All
assessments or other charges levied by the Association are
paid in full, when due and payable.
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Have
no unresolved HOA rule or guideline violations, or pending
actions before the Board.
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Attendance
at meetings is consistent. Three consecutive unexcused
absences may mean removal from the committee.
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Acts
in the best interest of the community, and without preference
to personal gain
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Acts
with a professional demeanor at meetings.
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Acts
without undermining board actions with the membership.
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Refrains
from issues that may be a conflict of interest.
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Is
not guilty of a crime that impacts the HOA business.
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Is
not guilty of any criminal action involving or against the HOA.
Board
and Committee members:
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Serve
on a voluntary basis. No officer or member shall benefit or
profit at any time from his or her services to the
Association.
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Must
abstain from voting on issues with whom they have a personal
or familial relationship to avoid a potential conflict of
interest.
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Act
in the Community’s best interest at all times.
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Act
only within the scope of authority.
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Maintain
a supportive and positive attitude, be loyal, and promote
harmony.
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