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SLP Board's arbitrary interpretation of law and policy ... sets a dangerous precedent
Does the Homeowner Association Act (HOA), NM state statute, invalidate the bylaws? The Board thinks so. According to the Senator and staff attorney who drafted the legislation it does not.
Should the Board have the right to interpret Bylaw Article IX and arbitrarily decide what records can be inspected? The Board thinks so. The Bylaws and HOA Act do not limit the records. The Board does not comply with the Bylaws or the HOA Act.
Does the Board use the HOA Act to discriminate on what records can be inspected? It appears so. They allowed all records when the last 3 books and records requests were made, but denied the records request made by the Plaintiffs, which eventually lead to the lawsuit.
Can the Board arbitrarily make policy that changes the language of the Bylaws and affects members rights? The Board has done it. They've ignored Article XI that requires a quorum of member approval for change.
Could the Board stop the hemorrhaging of association money on the lawsuit by communicating? The Plaintiffs tried multiple times to get their answers and requested a meeting with the Board, which was ignored. The Board refused to communicate and decided to spend money to fight the lawsuit.
Are all official documents of the association posted on the website? The Board claims so, but they don't remember what is posted. Plaintiffs books and records requested information was not posted at the date of the request and proves the point.
Does an audit or a review without examining source documents have any value as to accuracy? The Board thinks so. No level of assurance about the financials is what's being posted on the web.
Should the Board who controls the money, hire the reviewer and the auditor? There is no evidence that the Board requested McKinney to conduct analysis using source documents. Mr. Casanova of Sunland Mgmt stated he does not rely on source documents to verify the accuracy of the financials.
Should private personal information be shared with non-board members? The Board claims they do not permit it, however non board members -- webmaster, the note taker at meetings, water team members, the manager of the listserver all are given or have access to confidential information.
Should the board conduct books and records inspections in a professional manner? Bad behavior and abusive dialog by the Board can't be controlled. We have a recording to prove it. Contact us.
Should some members be given preferential treatment and be exempt from liens? The Board thinks so. A policy was created that offers all delinquents less than $500 to be exempt from liens. Contrary to the HOA statute.
Are quarterly compilations sufficient to satisfy the terms of Article VII calling for an annual review? The Board thinks so. Not in compliance with the Bylaws, however.
Should the board discuss water system activities in executive sessions? The Board thinks so. Be advised that system 1 water loss is over 7million gallons a year. Maybe that's the secret.
Should only one person, the Treasurer be designated as the sole internal control of finances? The Board allows this. Without oversight, financial entries cannot be verified or tested for fraud and abuse.
Are Board activities and policies every member's responsibility to understand and monitor? If you're concerned about your rights and your property values, you should be monitoring.
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