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“OUTSIDE THE NORMAL CC&R COMPLAINT PROCESS” PART 1
3/18/21, 1:37 PM
“OUTSIDE THE NORMAL CC&R COMPLAINT PROCESS”
Ranch President Carl Harbour and his Board of Directors Modified CRR’s Policy & Procedure Manual at our last Board Meeting, specifically targeting Section 2. According to Harbour, current Ranch laws, regulations and rules are getting in his way and he needs to handle perceived violations in a manner “outside the normal CC&R complaint process.”
Is Harbour using some backdoor tactic to avoid following CC&R procedures that typically requires a vote of the owners?
Additionally, he said, speed is of the essence when an alleged violator acts in an “egregious” manner. Harbour needs the “ABILITY TO ACT QUICKLY IN AN EVENT OF AN EGREGIOUS VIOLATION” and yet cites no examples or supporting information.
It’s troubling that Harbour’s presentation to the Board did not include any discussion, examples or questions from any of the Board before unanimously being approved. Or maybe it was discussed, just not publicly.
Directors have a fiduciary duty to conduct their affairs in good faith and avoid acting vengefully. Fiduciary duty breaches can result in serious legal consequences.
Taking actions outside their scope of authority or actions reflecting personal attacks or grudges against any member(s) can be an example of a fiduciary violation that puts the Association as a whole in legal harms way.
Though Harbour failed to provide any specific evidence in support of his proposed modification, we can. In future stories we will provide some glaring examples of egregious violations on the part of some Board Members and/or individual employees.