BOD
Huntington Continental Board of Directors
The author, unfortunately, has had a very lack luster experience with the board of directors. The reason is simple – they don’t know the laws and rules they are supposed to govern by. One should not be allowed to be a board member if they do not know the rules and laws they are to govern by or if they have other issues.
No person should be the PRESIDENT of an association who will sign illegal contracts with attorneys or management companies “because they trust them.” If you don’t know the law you should not sign the contract as you place the entire HOA and all it’s members in jeopardy. President’s first rule is that you don’t sign contracts you have not fully read and you don’t fully understand. Truthfully, if an attorney wrote it, it’s most likely not in your best interest. Even their fee agreements are totally in their favor unless you force them to change the agreement and make it fair.
My experience has been far worse than lack luster, actually it has been pathetic! First let’s look at the duties of the Board.
What is a board of directors?
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors. It is often simply referred to as “the board”.
A board’s activities are determined by the powers, duties, and responsibilities delegated to it or conferred on it by an authority outside itself. These matters are typically detailed in the organization’s bylaws. The bylaws commonly also specify the number of members of the board, how they are to be chosen, and when they are to meet.
Typical duties of boards of directors include:
- governing the organization by establishing broad policies and objectives;
- selecting, appointing, supporting and reviewing the performance of the chief executive;
- ensuring the availability of adequate financial resources;
- approving annual budgets;
- accounting to the stakeholders for the organization’s performance;
- setting the salaries and compensation of company management;
- selecting attorneys and management companies
- deciding on legal issues and collection issues
- deciding on the contracts of attorneys and management companies
- vetting contracts, costs of management, quality of attorneys and management
- wise financial decisions (personal bankruptcies?)
While this is all good, it does not work so well if the Board Members don’t know the law, the rules, generally don’t know what they are doing and they allow the attorneys and management companies pull them around by the nose telling the Board to rubber stamp every task that, in reality, generates more income for the attorney or the management company.
In a “real” company people are not nominated or elected to the Board who are not qualified. Unfortunately in homeowners associations it appears this happens far more often than not. In fact I would venture to say MOST of the people who sit on HOA Boards are not qualified to make the informed decisions needed to run a $1,000,000 per year company. This is why it is so important owners vet the true background and qualifications to run the homeowners association. While many think you can, you can not depend on attorneys and management companies to do what is best for the HOA or make the wisest decisions in every situation. If their is a decision that needs to be made, that has a pile of money at the end for the person offering you advice… you can bet most of the time you will be advised to follow that decision.
The Huntington Continental Town Home Association would be considered a small business, “real” businesses don’t stay in business unless they are skillfully managed. In “real” businesses the President, the Board of Directors MUST make wise decisions. In “real” businesses you would not elect a boar of directors that did not know the laws, did not read the CCRs, did not know the Davis Stirling Act and, at the very minimum, try and familiarize themselves with the rules that govern the business they are in charge of
In the day to day operation of “real” small businesses LAW FIRMS and MANAGEMENT COMPANIES do not tell the owner what to do, the owner is not a puppet, he or his board made his business by making good decisions. In a real business he tells the law firm what to do and the manager what to do – not the other way around.
LAW FIRMS and MANAGEMENT COMPANIES prey on weak, uninformed board members who don’t know the laws and don’t know business. They are sucker-fish who make money off of every letter they send, every meeting they hold, every case they file, every payment plan they write and they are in business to MAKE MONEY, where the Huntington Continental is not in business to make money and this is why we need a wise, seasoned, informed Board who manage the HC rather then being made the puppets of the management company or attorneys.
How do I know this. I know this from experience. I spent close to one million dollars on legal fees at the bad advice of attorneys [nothing to do with the Huntington Continental]. I finally figured out that if attorneys do not advise you to be their client they they do not get a pay day. This is why there is so much un-needed litigation today. If attorneys don’t have clients they can’t pay their rent. This is why attorneys love HOA associations… it’s a cash cow. Every month they can depend on a lazy Board write more checks to managers and attorneys for: garbage can violations, tv antenna violations, flag violations, pre-lien notices and the list goes on and on and on. Not just anyone should be elected to a Board just because they shake your hand and smile.
Who are our Board of Directors and what do you know about them? Have you asked them the hard questions at any meetings? Why not?
Don’t you think that the members of the board SHOULD know the rules, the laws, the regulations that govern the business they run? Of course they should! Do they? NO! The two that I met with did not now the laws, did not read the CCRs and have a good understanding of them, and were not even aware of important court rulings that affect the HOA.
Are you aware you if any elected people to this Board of Directors that have been accused of Felonies, or have filed recent bankruptcies or other issues? Do they have college degrees? Read and speak fluent English? Have they ever run a business? Substance abuse problems? What makes them qualified to run for the Board of Directors?
Have you completed any investigation into these Board Members prior to election whatsoever? Have they filed bankruptcy recently – in the past 10 years? Do they have substance abuse problems? Have they run any large businesses? If they can not manage their personal life, why would YOU elect them? Why do they wish to serve on the HOA? WHAT DO YOU KNOW ABOUT THE PEOPLE YOU HAVE ELECTED? Have you chosen the right people for the job? Have you or any group vetted these people before electing them?
Rustain Laine – What do you know about him? Have you checked www.occourts.org? Do you know who he is is what gives him the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? I have, you should. Ask him the hard questions.
Here is what we know about Rustan Laine:
Laurie Caprai – What do you know about her? Have you checked www.occourts.org? Do you know who she is is what gives her the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? I have, you should. Ask her the hard questions.
Here is what we know about Laurie Caprai:
Gruyer Cadacio – What do you know about him? Have you checked www.occourts.org? Do you know who he is is what gives him the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? I have, you should. Ask him the hard questions.
Here is what we know about Gruyer Cadacio:
Myra Kuck – What do you know about her? Have you checked www.occourts.org? Do you know who she is is what gives him the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? Nothing to know here except she is the hench-woman that votes on every foreclosure and rejects letters sent to her trying to inform her of the law. Admitted she did not know the laws or CC&Rs at my meeting with her and Mr. Macias. You can listen to our meeting where she was “snickering” at me during our meeting. It will be in the download section for all to listen to.
Here is what we know about Myra Kuck:
Humberto Macias – What do you know about him? Have you checked www.occourts.org? Do you know who he is is what gives him the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? I have, you should. Ask him the hard questions. Admitted he did not know the laws and NEVER READ THE CC&Rs at my meeting with him and Ms. Kuck. You can listen to our meeting. It’s my opinion that anyone who is on the board and does not know the CC&Rs should be rejected. Meeting will be in the download section. Can you imagine he is rubber stamping all these decisions and has NEVER read the CC&Rs? There are other things you should know.
Here is what we know about Humberto Macias:
Suman Ghosh [candidate] – What do you know about him? Have you checked www.occourts.org? Do you know who he is is what gives him the unique ability to run this $90,000 per month business affecting 450 homeowners? Have you done a background check on this candidate? On paper this man looks pretty good. Obviously they don’t give out PhDs to everyone. That takes a lot of hard work and commitment and you need to be smart. He has a professional license so his background is most likely clean. So far Mr. Ghosh has our pick. I only hope that he reads the CC&Rs and reads the relevant parts of the Davis Stirling Act and makes WISE decisions if he is selected. Mr. Ghosh is our pick this election.
Here is what we know about Suman Ghosh:
Do you know their credit history? Bankruptcy history? Do you really want people with financial problems, with substance abuse problems or drinking problems, credit problems, drunk driving, and other issues on your Boards of Directors? This is an HOA, a family oriented HOA; not a corporation. THESE ARE THE PEOPLE WHO TELL YOU WHAT TO DO!
More to come….