Communicating with Homeowner Association Board of Directors
January 13, 2007
By design, a HOA/CID board of directors has a fiduciary responsibility to engage in public discourse with residents in issues dealing with association affairs: with supporters as well as critics.
Denying this right to certain homeowners, or placing restrictions, such as, “do not send copies to the CotoBuzz Journal” as was done by certain members of the Coto de Caza Board of directors, or the unilateral policy articulated by Robert Miller, GRF president, “as president of GRF, my policy is not to respond to matters conveyed to me by email. Please write a formal letter to me and I’ll make every effort to satisfactorily respond to the matter”, or even the case of a hand-delivered letter to the (GRF) finance committee on 7/31/2007 by representatives of the Resident’s Voice, with a promise from the finance committee to respond as of January 8, 200, there has not been a response) is as best capricious, at worse a breach of fiduciary responsibility.
Interestingly enough, the first recorded use of homing pigeons used to send a message was circa 776 BC. The message was to announce the winner of the Olympic Games to the Athenians. In 59 BC Julius Caesar keeps people informed with handwritten sheets and in 1850, Paul Julius Reuter sposcthe opportunity to speed up news between Brussels and Berlin by using homing pigeons to bridge the gap in the telegraph.
In the Information Age, the CID/HOA board of directoms have spotted the opportunity to delay responding to stakeholder’s queries by seecting the slowest and less reliable method of communication at best, or ingoring residents altogether.
Curiously, the last time we check the Civil Code, section 1350.7 allows for documents to delivered by one or more of the following methods:
(1) Personal delivery.
(2) First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member.
(3) E-mail, facsimile, or other electronic means
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