On July 11th, I will have been waiting 4 weeks for an answer from the Board, or the management company. Review the letter below. You'll note that 3 - 4 of my requests could have been answered immediately. The documents requested should be at their finger tips. If either entity was trying to follow our governing documents, they could have sent a immediate response to that question, noting more information would follow. They didn't bother. Will you be next? Do I have to pay my assessment if the Board & mnanagement company fail to live up to the governing documents I accepted when I purchased my property? Could it be breach of contract?
HERE IS MY LETTER - AGAIN! P.S. Maybe it truly is a dead letter office, or maybe the Board and Management Company have misfiled it. WOULD SOMEONE PLEASE TAKE A MINUTE, COPY IT, SEND IT TO THE BOARD, UNDER YOUR EMAIL ADDRESS? That might get a response that you could share with me.
June 20, 2012
TO: WPA BOARD c/o Mr. LaFrance, William Douglas
FROM: Madeline Y. Claveloux
RE: Request for Copy
Clarification and Provision of Information
Objection & Clarification
Request for Copy of Archival Documentation
Request for Copy
I am requesting a copy of Attorney Moody’s legal opinion regarding the confidentiality statement. Please let me know when I can pick it up at the office.
Provision of Information
I was surprised, and am skeptical about the statement made that committee members are indemnified through the Board’s insurance. Please provide a copy of the section of the Board’s Insurance policy, or quote the section’s specific language, regarding this coverage.
Clarification
I believe I heard Legal Chair Bob Garrison state that committee members and Board Members could be removed if they violated the Confidentiality Agreement. I credit myself with a clear understanding and thorough knowledge of our governing documents.
Please provide the section and language in our governing documents that would allow removal of a Board Member under those circumstances. My reading indicates that unless a Board Member has not paid their assessment, has committed a crime against the association and been found guilty, that there is no avenue to remove a Board Member short of a recall.
The answer is important, as we have had several Board Members publicly violate the Confidentiality Agreement. Jude Davis mentioned the very public disclosure in the Wragg earlier this year. At last months meeting the payment status of Mr. Grey was discussed openly at the Board Meeting. What will happen to these Board Members?
Who will enforce the policy?
Request for Archival Documentation
During the June Meeting it was stated that the Confidentiality Agreement has been in place for many years. It wasn’t mandatory that it be signed but it was in the Policy Manual.. As a former Board Member I have numerous old copies of the Policy Manual and can’t find it. Please provide a properly dated copy of this section of the Policy Manual.
Objection & Clarification
At least as of yesterday, I was a member of the Water Amenities Committee, assigned to the Canal subcommittee. I have not signed the Confidentiality Agreement on the advice of my attorney. I have not hidden the fact that I have not signed it. In fact I made Board Members McBride, Garrison, and Anderson aware of the fact. I have been allowed to attend meetings with the promise of my silence on the items discussed. I have kept my word.
I am considering signing the Confidentiality Agreement, after the items listed above have been provided, against my attorney’s advice. I am in agreement that any contact Board Member, or committee member has with individual resident financial information, should be held confidential. In fact, the document relates only to confidentiality of that information. I believe I could sign and agree to that. However, if I did sign it and were allowed to sit on committees that is the ONLY information I would find it necessary to hold confidential. The rest would be at my discretion.
It appears this Board has taken an agreement utilized for the sole purpose of protecting individual residents, and used it as a broad brush to silence and hide information from the residents. They are destroying the best attributes of the committee process. It appears that they are afraid of residents having and discussing information.
My verbal agreement went against every principle I ever had as I worked with and on committees and Boards, over 25 years in the non profit arena. Any appearance of secrecy at this point in our history will come back to bite this Board. How insulting to the residents intelligence, for Garrison to make a motion to spend Association funds, on seeking advice regarding a “secret option” for the canals! Most of us don’t spend money until we know what we are buying. Right now, we are contributing to a secret.
Board, please provide the information requested above so I can make a good decision for myself. If the Board has made a decision as to whether I will be allowed to remain on the committee, please be decent and professional enough to notify me.
