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I asked the board in writing, "If the board has not assessed the private canal lot owners, please reference the section, and specific language in the governing documents that allowed the board to use WPA funds, for the tree removal on private lots." Anderson, writing in behalf of the board, stated that the vote regarding the use of association funds to pay for the removal of trees on private canal lots was a unanimous vote of the board. Every board member should have known, if they voted as individuals, after full discussion of the motion, exactly what language in the governing documents allowed them to do that. Therefore, every, or any board member should have been able to defend their vote, and answer the question. Why not just answer it? The minutes have been removed from the website (why?), but having followed them when they were published, no record of real discussion on motions and votes, were ever recorded in the minutes, when this board began to sanitize them. Had you been a follower, no detail was provided in any of the minutes of - on rare occasion if anyone voted no, who they were. Our problem here is greater than that, board members like Anderson have showed total disrespect for what the governing documents require of them, stating "Our covenants are weak, judges are lazy, and attorneys are greedy." Is that what guides him, and this entire board, regardless of what they really pledged to support, honor, and vote according to - OUR GOVERNING DOCUMENTS? We've lived far to long under the regime of this current board. It is a board that disrespects the covenants, and by-laws that we committed ourselves to when we purchased our homes. As to respect of residents, and a need to answer legally, and ethically, former board member DeMarchi, who has flitted on and off the board for the 6-9 years of this regime, and continues to serve on committees, said this about residents (from the board table, during a meeting, while serving as a board member - Oct. 2014), "You get tired of legislating against the idiots in this place." It is time your board answered, and voted, openly according to our governing documents. I'm waiting for the answer from our board, and I'm not one of the resident idiots.
"Directors must exercise reasonable diligence in following through and carrying out the responsibilities assumed by or assigned to them under the governing legal documents. Generally, directors must remain informed about the community association’s business at all times, be knowledgeable about the legal documents governing the affairs of the association, and attend and participate in the association meetings. Directors may be held responsible for obtaining and reading the minutes of those association meetings the director was unable to attend. Directors must also vote against actions taken or adopted by the Board of Directors that they are in disagreement with and record their disagreement in the meeting minutes. Failure to perform any of these duties in a reasonably diligent and prudent manner could expose the director to liability to homeowners for breach of fiduciary duty."
