Board colleagues examine Boates’ eligibility

MARC BUCKHOUT~ 10/5/2011

While Craig Boates looked for holes in the opposing defense while helping coach a youth football game on Sept. 28 his colleagues on the Anthem Community Council were examining holes in the community’s governing documents.
At issue was whether or not Boates, the council’s president, is eligible to serve in his elected capacity.
Following a lengthy discussion by the board and a consensus agreement that rules outlining eligibility for not only ACC positions, but also HOA positions need to be much more thoroughly defined, the board voted unanimously that Boates is eligible to continue in his duties on the board.
Boates, who was elected to represent Parkside in 2010, and was nominated to be president by his fellow board members earlier this year, had his eligibility called into question by fellow board member Ron Jerich.
Two month after Jerich suggested Boates had a conflict of interest and should have reclused himself from a vote on the fate of Freedom Way magazine, Jerich, on Sept. 21, brought to the board a letter questioning Boates eligibility to serve as a board member based on his residency.
On June 23 of this year Boates sold his home in Parkside, as he and his family were in the process of purchasing another home in Parkside.
“I became aware of his issue by comments from Anthem resident,” Jerich said. “I felt I had a responsibility to the board and Anthem residents to bring this issue forward. As a director he isn’t qualified as of the date of signing his deed over in Parkside, but he continued to serve without notice. It wasn’t until July 27 that Craig revealed he wasn’t a homeowner in Parkside. He should have departed his position as of June 23, 2011.”
On Thursday morning Boates said he was surprised and disappointed that his move had become an issue.
“I had already brought this issue before the board,” he said. “I asked staff if there was going to be an issue, when I knew the closing was going to be delayed. I asked if I might need to step down. I got the sense that it wouldn’t be a problem and thought the issue was over and done with.”
Board member Jeff Pointer said the issue in question, a 56-day window between moving out of one home and owning a different Parkside home, was out of Boates control.
“In Craig’s defense I think you should look at intent,” Pointer said. “Back in February he decided to sell his house. His intent was never to not be a resident of Parkside. Everybody knows what happens with short sales and dealing with the banks. He couldn’t control the timing of the closing on the two homes. I’m not sure what we’re arguing about, unless it’s some emotional thing.”
Vice President Bob Copen said intent wasn’t relevant to the debate.
“That’s immaterial what his intent was,” he said. “I’m not questioning his integrity or anything like that. This is not a vendetta or a witch hunt. The question was he ever not eligible?”
Copen said he spent an exhaustive couple of days reading the bylaws and talking to various lawyers and came to the conclusion Boates remained eligible as a board member throughout his move.
“You have to get elected by the association as a home owner, but if you lose your residence or sell it after you’re elected you only have to be a non-residential lot owner to still be qualified,” Copen said.
By that standard Boates’ business, Boates Law Firm, located at 3701 W. Anthem Way #202, met the standard of the council president maintaining ownership in Parkside.
Jerich asked for a confirmation of that interpretation from Anthem Council’s legal counsel, Dan Carpenter.
“If you removed Mr. Boates tonight he could pursue it in court and I have a hard time imagining that a judge wouldn’t rule against him being removed,” Carpenter said.
Before the vote Jerich asked for the last word.
“After all is said and done you can’t argue with what is said in writing,” he said. “You may not like it, but that is the way it is and that’s the rules you have to play by. On the other hand, it doesn’t feel right. That’s the way it is. Moving forward we need some new rules to stop this baloney and get this squared away before March.”
After the council voted unanimously that Boates had remained eligible Copen directed Community Executive Officer Jenna Kollings to put together a committee consisting of representatives from not only the Community Council, but also of the Villages, Parkside and the Country Club to rework the bylaws regarding qualifications for council members.
“We’ve got some holes in our governing documents” Copen said. “I think this board stepped up to the plate in this instance. I don’t think we’re doing anything, but making our board stronger in our commitment to transparency.”
Copen emphasized that the revision was time sensitive and should be in place prior to the upcoming elections in March.
Boates said he’d simply like to move on.
“You’d have to ask Mr. Jerich about his motives,” he said. “I think there’s a small vocal minority that didn’t like the decision we made with regard to Freedom Way. Perhaps this was backlash from that, but I’d like to think we have much more positive things we could be spending our time working on.”