A PLACE TO BE

A PLACE TO BE

Wednesday, April 1, 2015

A TIDBIT


In March’s Regular Meeting we heard LIV’s own attorney say that in his legal opinion the Board has three fiduciary duties of “care, loyalty, and obedience to the LONG ISLAND VILLAGE OWNERS ASSOCIATION, INC. This Association governs its 1024 unit owning members, so one can honestly say the Board’s fiduciary duties are to these 1024 owners. So, going forward 1024 owners should be synonymous with the word Association.


The Village attorney's opinion went on to define these three fiduciary duties that the Board should follow and we will match these definitions with the Board’s actions on Executive Meetings. I will paraphrase the attorney’s three fiduciary duty definitions of “care, loyalty, and obedience.

“Care” means the Board must act in the best interests of the Association.

Question, when is it in the best interests to owners to have their Board keep them in the dark about the general nature of all business the Board is considering in a closed session?

Question, when is it in the best interest to owners to have no executive record about who attends a closed door session and have no record to the list of subjects these unknown people are considering in this closed door executive session?

“Loyalty” means the Board members must have an undivided allegiance to the Association in so a director cannot put his or her personal interests ahead to the Association.

Question, when was the last time the Regular meetings have seemed under control and does this disparity effect how a director votes, like possibly at times being swayed less on the merits and more on the dislike of a director?

“Obedience” means the Board member actions must be done in accordance to the governing documents of the Association as well as to the laws of the state.

Question, are the members of the Board following Article 1 of the Bylaws that say LIVOA exists in compliance with Texas law, and the Condominium Act, Chapter 81 of the Texas Property Code? The previous Article pointed out the answer to that.

Comment

2 comments:

Anonymous said...

I think they have know their responsibility Joe but have chosen to curry favor (ingratiate oneself with someone through obsequious behavior) with those who they feel will further their own personal gain or agenda. Look at the recent newsletter, minutes of BOD meeting, paragraph 3, "Dir Vasquez has made a motion to find the $2800 in the LIV budget to hire a contractor to complete the job at the Golf Course." Then he has to amend the motion BUT the Golf Committee was going to pay for ALL of it until he jumped in, for what purpose Dir Vasquez?

Anonymous said...

It is good to be reminder of these wise words Joe:
“People are often unreasonable and self-centered. Forgive them anyway.
If you are kind, people may accuse you of ulterior motives. Be kind anyway.
If you are honest, people may cheat you. Be honest anyway.
If you find happiness, people may be jealous. Be happy anyway.
The good you do today may be forgotten tomorrow. Do good anyway.
Give the world the best you have and it may never be enough. Give your best anyway.
For you see, in the end, it is between you and God ( higher power, mother nature, the universe or whatever oversees Karma). It was never between you and them
anyway.”
(Mother Theresa)
So keep on telling the TRUTH, Joe and all of you who refuse to buckle under the lies of the bullies and evil doers.