I won't spend a lot of time with this. Sometimes you write and know it is going no where, because you have written an incompetent entity. I believe that is the case, with the letter I wrote 3 weeks ago, WITH NO ANSWER, to date. The letter is cut, copied, and dropped below.
Some of you, at times, find me to be caustic in my writings. I don't always agree, but this time, I certainly don't agree, if that is your judgement. Do you recognize the old saying, "what came first, the chicken or the egg"? Well the question of the day is, was the Board irresponsible in regard to answering resident questions before they hired the management company, or was it a matter of hiring someone to take the blame for the "dead letter office"? I certainly have an opinion.. I do find my questions to be legitimate, rather than contrary. Quite frankly, even if they were contrary, the Board should be answering them. If you have answers to these questions, would you please email me, because neither the Board, nor the management company find it to be their responsibility.
HERE IS THE LETTER:
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.
