Don’t Shoot the Messenger - Vote NO for Driveways!

This is the first of several posts pertaining to the recent comments by readers.

On September 29, Anonymous said... “Again, your comments are full of negativity and inaccuracies. Can you at least get the facts correct before you publish them. How do you know, without being on the board, that certain individuals were to blame for the delay in the roofing and the asphalt project. Get a life.”

My response is this: I have attended most board meetings for the past 12 months. I'm one of the 4 or 5% of unit owners (excluding the board) who do so. During the meetings I keep thorough notes. For example go to:

http://briarcliffelakes.blogspot.com/2009/08/august-13-2009-association-meeting.html

The above post is edited. It includes only a portion of the notes that I took at that meeting. That’s why I titled the post “August 13, 2009 Association Meeting Highlights”; I emphasize the word “Highlights”. Editing is for three purposes; 1) to keep posts brief ,  2) I sometimes remove aspects which could compromise the privacy of an individual, 3) I sometimes edit aspects of the meeting which could put our association in a very bad light.

For example, and to address your statement, there have been discussions during quite a few meetings regarding the state of driveways. Here is a summary, but not necessarily in the order of the actual events. The discussions included aspects of the how and why of performing these repairs. Unit owners attending the meetings brought some of the problems they were having to the attention of the board. They stated issues they faced last winter. There were a number of discussions over several meetings about ice, heaving driveways, heaving garage floors, standing water, water entering garages, methods and options for controlling run off and the flow of water from roofs, etc. The state of driveways and water was described as a "serious" problem by several members of the board. The board authorized the management company to complete a thorough survey of all driveways and rate them. At a subsequent meeting the manager reported on the driveways most in need and those had been ranked. Discussion at various meetings was interrupted by events I have reported in earlier posts. Eventally discussion at meetings resumed. Details of asphalt installation and concerns were stated regarding the unique nature of many of the driveways and even the uneven traffic patterns. Concern over weather interference, specifically the closing of asphalts plants in the fall and the need for urgency was pointed out. Finally, at a meeting the board discussed the results of inspections by our Architectural Director and our Landscaping Director.

The Architectural Director made a final presentation and stated there were sufficient funds to do some, but not all of the driveways. He requested that seven (7) driveways be approved for repair and replacement in 2009. He made further statements regarding the criteria for selection.

The board voted and the motion was passed. There was a single NO vote cast. That vote was cast by our Communications Director.

Wouldn't you consider that a NO vote is an attempt to delay or thwart driveway replacement at the association? I don't know why she voted no, and I don't have any idea how voting against a fundamental repair to our association, is consistent with her ongoing calls for a “kinder, gentler” board of directors. Perhaps you can tell me how this all goes together.

By attending meetings, I know a lot about what is going on in our association. According to law, as per the Illinois Property Condominium Act, associations are required to hold open meetings. Board members are prohibited from holding closed meetings, except for special circumstances. So unless our board is in violation of the law, then attending meetings and keeping good notes, should give me a very good insight into what is going on.

If you want to read the Act, it is available at the Illinois Assembly Website at:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct=765%26nbsp%3BILCS%26nbsp%3B605%2F&ChapterID=62&ChapterName=PROPERTY&ActName=Condominium+Property+Act%2E

As an example, I provide two quotes from the Act:

The Act, as part of (765 ILCS 605/18.4) (from Ch. 30, par. 318.4) Sec. 18.4. states:

“In the performance of their duties, the officers and members of the board, whether appointed by the developer or elected by the unit owners, shall exercise the care required of a fiduciary of the unit owners.”

The Act, (765 ILCS 605/18) (from Ch. 30, par. 318)  Sec. 18 states:

"(9) that meetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the association or a unit owner's unpaid share of common expenses; that any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner; that any unit owner may record the proceedings at meetings or portions thereof required to be open by this Act by tape, film or other means; that the board may prescribe reasonable rules and regulations to govern the right to make such recordings, that notice of such meetings shall be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the person or persons entitled to such notice pursuant to the declaration, bylaws, other condominium instrument, or provision of law other than this subsection before the meeting is convened, and that copies of notices of meetings of the board of managers shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of managers except where there is no common entranceway for 7 or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted;"

From the above, the board is required to hold open meetings, and all but a few items are to be discussed during those meetings and when unit owners are in attendance. It also states that any unit owner is within their rights to take notes, and even record the meetings if they choose to do so.

I also suggest that you consider that “shooting the messenger”, which is me or anyone else who disagrees with you, is not going to resolve this. "Shooting the messenger" is a metaphoric phrase used to describe the act of lashing out at the blameless bearer of bad news. If you have a problem or an issue, then I suggest you come to an association meeting and bring it to the attention of the board, and observe the meetings and keep your own notes.