Post by Admin on Aug 14, 2014 18:33:49 GMT -5
Which attorney is going to be attending? Brown, GaGaKnees--the lawyers for Tower Hill? All the attorneys? Attorney must be in attendance in order to "close" the meeting to Owners. That is the law. Minutes must be produced and name the attorney(s) in attendance. That is the law. Those are the only 2 litigations pending unless the Board is wanting to S u e someone who failed to paint their stump...
It is easy to discover the fact of attorney attendance with a Records Request for a check register and supporting invoice for the months that these meetings were held. There will be an invoice attached to the charge that will be redacted but will have a notation of a conference or meeting date. That is not attorney-client confidential information that is protected by statute.
I wonder if BOD will continue the practice of neglecting Minutes--that will make Special Privileged Meeting #3 without Minutes. (There is no such meeting by that name in the Statutes; it is a board meeting that has special exemption from member attendance if it meets strict criteria.) That establishes a pattern of unlawful conduct of business, despite being on notice that Minutes are required or... has AK still not read the Statutes (her Secretary's Manual). Good stuff for Juries to hear when trying to decide on BOD intent and history of adherence to the law.
BTW--speaking of BOD reading SLohA governing documents, the BOD who were elected last year are required to have certified, in writing, that they read and understood SLohA governing documents. Did they do it? If they did not, they are suspended from the BOD until they do.
So, anyone want to do an Official Records Request for the certifications for directors elected in Feb 2014 for 3 year terms and their written certifications were due mid-May 2014.
Elected:
Alln Rss
Peet Brdun
Frns Sm all
Appointed (to replace Kn Lws in March 2014):
Chrls Schlz Certification due mid-June 2014.
Someone was appointed to replace Alln Rss, who just sold his SLR home. They will have to make a written certification by mid-Nov.
The law was enacted on July 1, 2013. Certifications are official records and must be available to owners for inspection.
It is easy to discover the fact of attorney attendance with a Records Request for a check register and supporting invoice for the months that these meetings were held. There will be an invoice attached to the charge that will be redacted but will have a notation of a conference or meeting date. That is not attorney-client confidential information that is protected by statute.
I wonder if BOD will continue the practice of neglecting Minutes--that will make Special Privileged Meeting #3 without Minutes. (There is no such meeting by that name in the Statutes; it is a board meeting that has special exemption from member attendance if it meets strict criteria.) That establishes a pattern of unlawful conduct of business, despite being on notice that Minutes are required or... has AK still not read the Statutes (her Secretary's Manual). Good stuff for Juries to hear when trying to decide on BOD intent and history of adherence to the law.
BTW--speaking of BOD reading SLohA governing documents, the BOD who were elected last year are required to have certified, in writing, that they read and understood SLohA governing documents. Did they do it? If they did not, they are suspended from the BOD until they do.
720.3033 Officers and directors.—
(1)(a) Within 90 days after being elected or appointed to the board, each director sH all certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate sH all be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
(1)(a) Within 90 days after being elected or appointed to the board, each director sH all certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate sH all be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
Elected:
Alln Rss
Peet Brdun
Frns Sm all
Appointed (to replace Kn Lws in March 2014):
Chrls Schlz Certification due mid-June 2014.
Someone was appointed to replace Alln Rss, who just sold his SLR home. They will have to make a written certification by mid-Nov.
The law was enacted on July 1, 2013. Certifications are official records and must be available to owners for inspection.
