The OBHA Independent Leaseholders Group

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In May 2006 all residents where given the opportunity to vote for two Resident Representatives on OBHA Board, we thought to represent the interests of all residents regardless of tenure, tenant or 'Leaseholder. The election of two 'new' Resident Representatives would compliment the two existing unelected Resident Representatives on the Orbit board. We say 'we thought' as there was much fanfare at the time of the election from Orbit about the serious nature of the role and what Resident Representatives on OBHA Board could do for us mere mortal residents. To date we have heard nothing from the board or indeed our newly elected 'Representatives'; on any matter! We in no way imply that they are doing nothing as we are aware that anyone sitting in such a position must attend untold committee and sub-committee meetings, attend special interest meetings and conferences and the like, so their lives are busy. but what about us? Are we not entitled to expect to be informed?

We thought their election was in some way Orbit's recognition that they, as an association,  must pay due attention to all residents in 'Tenant Participation' as so expounded by TPAS and the new Department of Communities and Local Government which was formerly Mr Prescott's 'The Office of the Deputy Prime Minister'. But No!

After reading TPAS guidance notes on Tenant Members on Housing Association Boards we are left confused as the guidance notes are contradictory at best. The notes start; All housing associations can and should have tenants on their boards, simple enough so far but let's look a little closer at what a 'Resident Representative' is expected to do and by doing so we examine 'What is a management board'? TPAS guidance notes state; A board is a group of people who have volunteered or have been elected to control the affairs of the housing association. They can come from all walks of life but must have some interest or experience which relates to the work that the housing association does and the community it serves. It may be called a: Board, a Management Board, a Management Committee or a Board of Trustees. So far so good except there may be a clue in the statement control the affairs of the housing association but a little more of this later as the notes continue; What does the board do?

The board makes decisions about policies and is responsible for the overall running of the association. This includes Deciding whether and where to build, improve or dispose of housing. Setting the rents for all the properties owned by the housing association. 

Deciding on what groups of people the association should provide housing for, Approving each year’s budget and accounts. Overseeing the systems for controlling the work of the association.

Appointing (and, if necessary, dismissing) the chief executive. It may also appoint other directors. Ensuring that the organisation’s affairs are run in accordance with the law and accepted standards.

 

All of the above is fairly 'run-of-the-mill' stuff but why we are confused is where the TPAS guidance notes comment; Why have tenants on management boards?

 

Tenant involvement in the management structure of housing associations can play an important part in successful tenant participation. The benefits of having tenants on management boards include: Enabling tenants to be involved in the making of decisions that will affect their homes and environment. Enabling management board members, staff and tenants to work together towards a common goal. Providing a better understanding between board members and tenants.  Making the board more accountable. Helping the landlord to obtain the views of tenants on policy issues and service delivery. Enabling tenants to influence the policies and practices that affect the way their homes are managed.

 

This is fantastic, it's exactly what a resident should expect from their 'Resident Representatives on OBHA Board' but wait TPAS guidance notes continue;

 

Being a board member means having certain responsibilities, which include some legal restrictions. Tenant board members may find their duty as a full member of a board conflicts with their role as a tenant representative. Legally, board members must represent the interests of the housing association. Therefore, they cannot be ‘tenant representatives’ in the true sense because, sometimes, as board members, they may have to make decisions which they would not as a tenant representative. It is therefore important that tenants considering standing for the board should be aware of these restrictions. However, they should not be seen as a barrier or as a means for preventing them from standing. This is especially the case since both the Housing Corporation and Charity Commission revised their rules on restrictions (See the Housing Corporation and Charity Commission’s ‘Guidance for Charitable Social Landlords, February 2002’).

 

Basically a 'Resident Representative' on a housing association board must at all times serve the 'Association' in the first instance, a housing association is a business and their first duties are to themselves and their stakeholders, residents come a very poor second!

 

Essentially we believe TPAS guidance has been written for the good of tenants but in practice and legally there is a problem, we also believe that many housing associations exploit this to the full to the detriment of the people they are paid so handsomely to serve!** It's easy to quote just a few paragraphs and often they can be taken out of context to suit the author so please take time to read the guidance notes Tenant Members on Housing Association Boards in its entirety and see what you make of it.

 

In the meantime we still wait for any feedback from our 'Representatives'; on any matter whilst the sound of the 'Tremeloes' cover of Franki Valli's 60's hit 'Silence is Golden' rings in our ears!

 

**N.b. many housing association board members are unpaid volunteers save for expenses.