Four draft motions, revised v3

Draft motion 3: Furnish Complete Corporate Records, Rules and Financial Reviews to All Members

Full draft text

I move that the Association, within thirty (30) days, furnish every lot owner with a comprehensive records and transparency package, using secure electronic delivery or another reasonable means that protects confidential information, consisting of: (a) the annual financial statements and financial review or other report required by the currently operative Bylaws Section 9.6 for fiscal years 2023, 2024 and 2025; (b) all available minutes of member and Board meetings from January 1, 2023 to the present, together with written consents, resolutions and other records of actions taken without a meeting; (c) a current list of directors and officers, showing each person’s position, original election or appointment date, term, basis of continuing service, and supporting appointment or election documentation; (d) the notices, agendas, attendance and quorum records, proxies, nomination materials, ballots and certified results for annual and special member meetings and any director elections since January 1, 2023, to the extent maintained; (e) executed management and material vendor contracts, the most recent tax return or proof of filing, and an explanation of material reserve transfers; (f) the complete current set of rules, regulations, fine schedules, enforcement policies, violation and hearing procedures, architectural-review standards, parking rules, operational policies and amendments adopted or relied upon by the Association, identifying each document’s adoption or effective date, approving body, authorizing resolution or written consent, and when and how it was furnished to owners under the Declaration and Bylaws. For each category or individual record not supplied, the Board shall furnish a signed, dated records-status statement identifying whether the document was never created, was lost or destroyed, cannot be located following a documented search, is withheld under a specifically identified legal confidentiality basis, or is otherwise unavailable. The statement shall identify the known custodian, relevant period, search undertaken where applicable, and the steps and target date for reconstructing or remedying any recordkeeping deficiency, without inventing or backdating records. The Board shall provide a written status report within thirty (30) days and reasonable progress updates on unresolved records. Nothing in this motion requires disclosure of protected personal homeowner information, privileged legal advice, or other material whose distribution is prohibited by law; such material should be redacted or summarized where lawful, with the specific reason for withholding disclosed.

What this would accomplish

Asks the Board to deliver a complete records, rules and financial-review package to every owner within 30 days, with a signed status statement for anything not supplied.

Context

• Broader than default rights: this proposes delivery to all owners. Bylaws §9.10 provides for inspection of records upon written request; this motion asks for more as a homeowner request for comprehensive transparency.
• Required versus requested: Bylaws Article VIII requires rules to be furnished to all owners. Not every internal operational policy is necessarily required by law to be furnished; item (f) requests those additional policies as a transparency measure.
• Records rules cited: Bylaws §4.9 and §4.10 (meetings, minutes and written action without a meeting), §5.6 (the Secretary’s record duties), §9.10 (inspection) and Article VIII (furnishing rules); Declaration §3.03 and §6.23 (enforcement procedure). Section wording should be confirmed against the scans.
• Financial review: the operative amended §9.6 review obligation should be checked. This motion does not request a CPA audit; that separate request is in Motion 2.
• What the Association has said: annual member meetings in the last three years lacked quorum and there are no AGM minutes or ballots to produce; separately, no Board meeting minutes since January 2023 have been located. This does not imply that replacement minutes legally existed or that any records were falsified.
• Records-status categories are kept distinct: never created; lost or destroyed; cannot be located after a documented search; withheld on a specific legal basis; otherwise unavailable.
• Nonbinding until adopted under the applicable procedure; pending member and counsel review.

Source / basis

Bylaws §§4.9, 4.10, 5.6, 9.6 (operative version to be verified), 9.10 and Article VIII; Declaration §§3.03 and 6.23; Association statements on AGM quorum and Board minutes.

Proposer

Adam Moore

Seconder

Adam Clegg

Board response

TBD

Proposer and seconder are named by the homeowners preparing these drafts. Nothing here has been recorded in an Association minute, and no Board reply has been received.