This article is going to have to be brief and to the point. Will there be a Legal Committee song and dance? Right now I'm humming "Anticipation". This is my guess based on a visit to the office today to review records. Your board has made many, many policy manual changes. I contend that they made the changes, violating the newest by-law. This by-law change was passed by THE RESIDENTS at the 2011 annual meeting. YOUR BOARD HAS BEEN IGNORING IT THROUGH ALL THESE BY-LAW CHANGES!
At the 2011 annual meeting a by-law was passed by the residents that basically said that if the board was going to make a change to the policy manual that there was to be two READINGS during two board meetings, and the change was to be published on the WPA website so residents would have an opportunity to comment. I have searched the website several times for the published changed job description and it isn't there. This has been the case with every one of the changes your board has made.
*If you'd like to read the by-law, you can't. The by-laws are on the website but this one isn't INCLUDED!
Leaving out a by-law that you and I approved shouldn't happen but, I gave the board a chance and asked to read their hard copy of the by-laws. IT ISN'T IN THERE. I was told Garrison, Legal Chair, is checking with the attorney to see if it was registered?????? Wasn't he the LEGAL CHAIR DURING THE TIME YOU AND I VOTED? DOES OUR VOTE COUNT FOR ANYTHING?
Here's the problem, I believe that your board has to rescind policy manual change they have made since the annual meeting of 2011 and start again. THEY HAVE NEVER PUT THE PROPOSED CHANGES ON THE WEBSITE FOR RESIDENT REVIEW AND COMMENT. In the case of one of the most recent changes - the accounting function job description, DeMarchi never read it during the meeting, didn't post it for YOUR review and comment, and your board passed it. I'm guessing your board MAY sing, "WE DIDN'T HAVE TO FOLLOW IT BECAUSE IT WASN'T REGISTERED. IF THEY DO, WE BETTER SING, "WE'RE NOT GOING TO TAKE IT ANYMORE"!
IMPORTANT: The by-law that your board has ignored was put forward after a group of residents became upset because in one board meeting, McMillin made a motion to dumb down the requirements of the policy manual regarding the qualifications of the person who did our "accounting function". At the time the policy manual required an ACCOUNTANT. He had it removed so he could bring accounting in house and hire the candidate of his choice. THE RESIDENTS WANTED INPUT TO THE PROPOSED POLICY MANUAL CHANGES! I've seen the change DeMarchi wants to make and he dumbed it down further (To be provided in another article.). He does refer to accountant in his description but the requirements don't meet the education requirements, or the title CPA.