Inconvenient or Not, Rules are Rules

Well by now, probably pretty much everyone has received their notice of the annual meeting along with the election materials. Typically, there are some problems. I have heard from owners that got no proposed budget included, and from others that received no candidate profiles.

But these problems are small potatoes compared to the recent antics of the board. As I reported earlier, the proposed By-Law amendments are riddled with errors and were not well thought out. Not only that, the board, or at least four of its members, were in such a hurry to get these rammed through, that they were sent out at the very last minute with no advance notice not only to the owners, but apparently not even to some of the board members.

The most egregious of the amendments was what appears to be a naked attempt at consolidation of power by shrinking the size of the board from seven members to five. This amendment also illustrates the poor planning as well. If passed, it would leave the board having four members’ terms coming up one year and only one the next. And on and on. And of course, the four members whose terms are not up this year, Mike Oostmeyer, Marty Shapiro, Rosemary Smith and Gary Tucker, would continue in office, and only one of those who are running, Harriet Chase, Keith Gilliver or Richard Holmes will be elected. So instead of putting all their energy into dealing with what may turn out to be the most serious crisis the Hawks Nest has ever faced, Hurricane Irma, they’re fiddling around with the By-Laws.

As bad as all this sounds, it gets worse. Remember when I said that some of the board members didn’t even know about the proposed amendments? That’s because there was no meeting of the board of directors for the amendments to be approved before sending them out to the owners for a vote. According to Gary Tucker there was an informal email poll among the board. Any meeting of the board must be posted in advance to the owners, have an agenda and have minutes taken. The office has no record of any such notice or minutes.

Richard Holmes and Charlie Weidner both told me that there was some mention in passing regarding these amendments, but there was never anything that they considered to be a vote, email or otherwise. Alden Corley told me that never heard anything about them until he got the ballots in the mail.

Nevertheless, Gary Tucker insists that it was all perfectly legal. I do not believe that.

Amending the By-Laws and Articles of Incorporation is one of the most serious and important things a condominium association will do. Of all times to cut corners or ignore the rules, this isn’t it. Our president, Gary Tucker even has a CAM (Community Association Manager) license, so one would think he would know the rules.

So is this a done deal? Gary Tucker thinks so. I believe that if this goes to court, however, and it may very well, that all the changes supposedly approved by the owners will be thrown out.

At the top of this page you will see a tab titled “Board of Directors” which if selected, will lead to the names, telephone numbers and email addresses of each board member. Please take a few minutes to call or email them and let them know that while we appreciate all the effort they are expending trying to get the Hawks Nest put back together, we are not happy with some of them trying to pull a fast one over on the owners in the middle of a crisis.

One thought on “Inconvenient or Not, Rules are Rules

  1. Jerry Warren

    It’s been almost a year now since the hurricane, and several months
    past the board meeting, surely there is some information that can be shared with us tenant owners either on the Owners Group or Bob’s Blog. Please don’t be so tight lipped on any updates or progress going on.

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