Update on veto of rules changes

In the tradition of sunlight being the best disinfectant:

The homeowner who served notice to the board of directors that a special meeting was being requested to veto the rules changes emailed the board again on 8 March requesting an update regarding the process. His request was met with a response from the association's president that the matter was being reviewed by the association's legal counsel. Below is my response to the homeowner.

Lest you or anyone else have any confusion about the word "we" in Tom's response, let me clarify what has happened since your original email:

• 4 March 2010 @ 1928: Your email with an attached request for a special meeting to veto the rules adopted at the January open board meeting was received by the board of directors.
• 5 March 2010 @ 0824: One of the directors asked the other members of the board for clarification, i.e. what is required of the board in response to your request and how many homeowners are required for such a request to be valid.
• 5 March 2010 @ 0905: I responded to the other board members and our property management that, in my opinion, your request met the requirements for a special meeting and that we were now bound by law (which I cited for the other members) to hold such a meeting and facilitate a vote on the matter. (The timing of such a meeting is subject to debate, but it was my opinion that it should be held within 45 days.)
• 8 March 2010 @ 1658: You sent a second email to the board requesting an update with regard to your email/letter of 4 March.
• 8 March 2010 @ 2221: The board president replied, as below, that the board is in communication with the association's attorney regarding the matter.

As you can see from the time line I've presented here, there has been no conversation among board members regarding the scheduling of a meeting in response to your request (other than what I've described) and no discussion of involving legal counsel in the matter prior to the board president's reply to you on 8 March.

It is my opinion that the board's president has committed an "ultra vires" act, that is, I believe he has exceeded his authority by requesting a legal opinion (and incurring the associated costs to the association) without consent of the board of directors.

In response to this action, on 8 March 2010 @ 2248, I sent email to the other board members and our property manager stating that I am unaware of any vote authorizing said action and asking who approved of it. While it has been less than 12 hours, at this point, I have received no response.