Call to Order 6:04 p.m.
Roll Call of Trustees
President- Nicole Fitzgerald (Present) Trustee- Fred Boogren(Present)
V.P- Victoria Wilcox (Present) Trustee- Debbie Healy
Secretary- Nancy Mouradjian (Present) Trustee- Bill Geal (Absent)
Treasurer- Frank Kren (Present) Trustee- Diana Baron (Present)
Trustee- Rachel D. (Present)
FOAI CONFIRMATION AND FINDING REPORT FROM ATTORNEY
Just to confirm what most of the board already knew, is that an association is not bound by FOIA (We are not a United States federal state or local government branch). According to the lawyer we are not a government entity which makes us not Obligated or legally required to respond to any for your request. We can respond to a FOIA if we choose, however we deem to, as a good faith gesture and take as much time as we need, since we are not bound by FOIA Laws. Legally no response is required. Also, if we choose to respond to a FOIA, if the request formatting is not correct, FOIA Requests require; correct spelling, address, phone number, individuals name, as well as the correct letter format, an association is not responsible, in any way to respond to the FOIA. There is a process and if someone is going to try to get a response from the association board, the individual should take the time to address the FOIA appropriately. If there is ever a FOIA request and the association board decides to respond to it, if the request is made out to an individual, the board automatically needs to be disregard it and can’t even entertained the idea to be answered, because according to state law you can never request a FOIA from an individual because it violates their constitutional rights. In closing, NO association in the state of Michigan is legally bound by the FOIA.
If a response is given, simply direct individual to refer to the meeting minutes, since most things can be addressed through refering to the meeting minutes.
BYLAW CONFIRMATION AND FINDING REPORT
Per the attorney and the bylaws(Pg 1), the only meeting that is to be held with residents according to the bylaws, is the annual meeting. All meetings that are monthly are supposed to be the board only. The board can choose to have the residents at the meetings but that is at the board’s discretion.
Per the attorney and the lack of information in the ByLaws regarding voting at the annual meetings or in general can be done how the board seems fit. The attorney did state that the fact that the current board utilizing the State of Michigan voting guidelines as a guide for voting was wise choice.
Per attorney and ByLaws (Article VIII) current standing board has the right to refuse to let someone back on the board that has been terminated, quit, or both.
HOA LAW CONFIRMATION AND FINDING REPORT
Per Attorney on HOA Law pertaining to meetings- If there is no agenda,there is no meeting that needs to occur
Meetings can now legally be held by any type of social media live, zoom, through text or by conference call. The attending board seemed interested in this.
Per attorney if there is a resident that becomes verbally or physically aggressive at a meeting, the board can legally ask the resident to leave. If a resident refuses, the board can call the police to have the resident removed or supply video footage to the police and permanently ban the resident from all future meetings forever.
Per attorney It is legal to raise the HOA dues on rentals to whatever board sees fit, within reason.
DBA INSURANCE
The insurance will be visiting on October 31,2024 at 9am to go through the office and all association grounds to see if there is anything that we are required to repair or update. The insurance company does this type of review every few years.
BOARD DISCUSSION
Questions on how to close out the September meeting minutes were brought up because of whether or not the meeting minutes should have the resident’s name, which was angrily belligerent at the September meeting. The board came to terms that the name was important to be listed for future reference for future boards.
Concerns from much of the board was that they would like to understand why one of the board members is always on the defensive and always making accusations. Unfortunately said board member was not at the meeting to resolve this matter. The board will revisit this at our next meeting, in person meeting in March.
MEETING ADJOURNMENT 7:16 p.m.
Motion made by the treasurer, Frank, and seconded by Victoria, V.P.. All were in favor with one abstaining.