At the Annual Meeting, February 5, we should consider on Feb 5, a Proposed
Amendment to the By-Laws to restrict Retaliatory and Frivolous Legal Action
against Owners. The Board should not be allowed to retaliate against those who
stand up to the Board at meetings, on issues such as the parking, or participate
in other Owner groups, such as the Harbour Square Owners Forum.
1. The Board should not be allowed to increase rates, such as assessment or
parking space fees, inequitably, or specific to certain Owners. If such Owners
refuses to pay such retaliatory increases, or any fee targeted at them, they
should not be billed by CMC. Retaliatory fees should not jeopardize the Owner's
payment history, or right to live at Harbour Square.
2. The Board should not take any legal action against an Owner, without a
unanimous vote by the Board of Directors, and a majority vote of the Harbour
Square Forum. It should be recognized that legal action is both economically
and emotionally stressful and time consuming for the Owners, the Board, and
Management.
3. The Board should be required to seek Mediation first, before taking any legal
action against an Owner. All efforts at diplomacy should be exhausted first,
before authorizing a first strike. A Special Committee for Mediation should be
formed to try to work out any disagreements, and propose creative alternative
solutions, before they escalate to legal action.
4. The budget for legal expenses should be strictly adhered to.
5. Legal action stemming from personal vendetta's that any Board members feel
towards an Owner shall not be paid for with Owner funds, but by that Board
member's own personal finances. A position on the Board does not entitle a
Board member to free legal retaliation against an Owner at the Corporation's
expense. All legal bills should be directed to the person authorizing such
action.
Example from R.S.
There is no logical reason that I cannot park in A10. There are enough spaces,
and I leave it open 9:00-5:00. It has more to do with a certain Management and
Board member's dislike for my standing up to them, and to "show who is boss"
than for any valid parking reason. It's all about ego, not reason.
1. It is not a valid reason that spaces are needed, because at almost all time
there are plenty of spaces available.
2. It is not a valid reason to move my car from A10 to "save management time" as
many hours have already been expended by Management Office on this non-issue.
3. It is not for revenue, because I pay $100/month, and guests would only bring
in $60/month ($2 per day). Plus, any revenue would be wasted by the $250/hour
attorney fees and lost time from work for the Board and Management Staff.