COLUMN: Barbara Holland

Q. I am a distressed board member of a master association. Resident complaints addressed to the board are never passed on to individual board members. I do not believe that either the property manager or the president should screen these complaints and only forward some of them.

I have a second issue. A recent letter sent to the residents by the president urged them to understand why a proposed budget had been changed from the budget that was approved by the board.

The president said he has the right to run the business. I believe that he needs board approval to send out that type of letter.

A. First, if other board members agree with you that the president is overstepping his boundaries, then check your association's covenants or bylaws, for most would allow a majority of the board members to remove him as president and elect a new one. This action would not remove him as a director, just as president.

Second, many associations have both the president and manager process the "run of the mill" complaints, such as complaints about children, pets, neighbors and service companies. The board is provided with complaints that require board attention in making a decision.

Many board members do not want to be overloaded with problems that fall under the norm. Many associations simply provide the board members with either copies of all correspondence sent, or a summary of the correspondence.

The question becomes how much micromanagement the board members should become involved with in the daily operation of the association, especially if problems are being handled in a timely manner.

You hire a management company to resolve the daily problems, most of which are covered by your governing documents regarding

policies and procedures

or per the management company's contract with the board.

If you believe that all complaints need to be forwarded to the board members before decisions are made, then you will need to prepare a specific motion to the board for their approval. This motion should also provide the procedure so that decisions are not delayed because the manager is waiting for most of the board members to reply.

As for the president sending a letter with a budget that was not approved by the board, this action goes beyond his authority. The board should take immediate action.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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