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Killing Representation to “Save” Representation

SAEPOA had a long-running argument about the fairness and legality of the automatic counting of “yes” votes to achieve the 2/3 majority requirement for some written votes. Many have felt that this is unfair. In fact, several years ago, the association voted to end the practice (although ironically it used automatic “yes” votes to do so).

Even though the practice has ended, the subject of “yes votes” and their effect on past association votes was the rallying cry for the “Working Group” as Jerry Powers was forming it. The Working Group would insist that proper representation had to be restored and that all prior votes under the rule needed to be reversed, and future votes had to be “fair” (even though the rule had already changed). This was also a rallying cry for elections and probably had an influence on the election of Jerry, Richard and others to the board.

Now, however, we are living with an alternate reality. While Jerry has argued that we needed to restore representation, he is running the airpark as a single leader. Jerry is the only one presiding or substantially speaking in meetings. With Zoom as his venue, he makes liberal use of the “mute” button and ensures that only his point of view is heard. He has a unanimous rubber-stamp approval from the board, and so he dictates changes. In fact, major votes (such as reversing governance for 30 years, or refunding monies from dues increases) are being made by Jerry alone and then rubber-stamped by the board. These should properly be done using the very 2/3 written vote requirement that Jerry raised as his hue and cry!

Even “lesser” items, such as contracts, require membership approval, which would normally require a majority vote of a quorum present in a membership meeting. This includes the contracts for attorneys who claim to represent the entire association, but who were chosen by Jerry and who only interface with Jerry. By all appearances, we are paying for Jerry to hire three lawyers who claim to work for us, but are perhaps working against us, and we are denied the right to say or do anything about it in violation of our rules.

Now, Jerry is pushing the idea of doing away with SAEPOA, essentially killing our ability to organize at all and leaving us to whatever he has planned next. I suspect that he intends to achieve his goals (whether shared or hidden) through control of information (and thus an improperly informed vote by us), or by once again acting via board action to somehow declare the association “illegal” in the same manner that he reversed the last 30 years of governance.

Our entire system is being run through Jerry, even though our governance is set up in the covenants and bylaws to be much more open. If Jerry really believed in the right to vote as he stated to justify his actions, then he would have at least three votes that he appears uninterested in:

  • A written, 2/3 required vote to roll back governance 30 years.
  • A written, 2/3 required vote to refund dues.
  • A quorum/meeting vote to approve hiring the attorneys.

Alas, there seems to be little interest in really allowing the members to vote. In fact, with Jerry’s plans, it is possible that we will never vote again, or perhaps one time in a rigged situation just to kill SAEPOA.

Beware of those who kill democracy to “save” democracy. At the moment it looks like we have a democracy more like the “Democratic” People’s Republic of Korea (North Korea).

This must get fixed. I challenge Jerry to honor our governance and the membership he claims to protect. I also challenge any board member to reach out to me to discuss their independent reasoning and thought.

Comments

One response to “Killing Representation to “Save” Representation”

  1. Sarah Wilson Avatar
    Sarah Wilson

    Until about 2 years ago I never felt the need to read through the HOA laws and the by laws in minute detail. But recently I have read in detail “Board Members and Officers duties….”
    “Except as provided in the community documents or other provisions of the Homeowner Association Act, the board acts on behalf of the association. In the performance of their duties, officers and members of the board shall exercise, if appointed by the declarant, the degree of care and loyalty required of a fiduciary of the lot owners and, if elected by the lot owners, ordinary and reasonable care free from any undisclosed conflict of interest.”

    This board has not acted on our behalf for 2 years and I believe there is a conflict of interest by the vice-president Jerry Powers. Because he has not worked with the members we can assume he is driven by his own personal goals which in some form include the north side of the airpark.

    HOA laws continue to say;
    “Within ninety days after being elected or appointed to the board, each board member shall certify in writing to the secretary of the association that the member:( I don’t believe that we have held our board members to signing this over the years)
    1. has read the community documents;
    2.will work to uphold the community documents and policies to the best of the member’s ability; and
    3. will faithfully discharge the members duties to the association”

    I don’t know which board members have followed #1 but none have followed 2 and 3.

    The board has not handed out or made available any minutes for meetings for at least a year.

    I don’t see that this board has functioned as a board.

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