|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
TinaP1
(Washington)
Posts:1
 |
| 08/06/2006 12:37 PM |
|
| We have a homewner in our small condo assoiciation who has requested a special meeting to change the number of members on our board from three to five. We are only a 14 unit complex. He has also requested that the current 3-year term be changed to a 1 year term for board members. I would like to go into the meeting with concrete data. How many units in your association and how many members do you have on your board? What is the length of your board member terms? How do you feel a one year term would work? Personally I think it's too short and a good compromise would be a two-year term. Thanks for your input! |
|
|
|
|
RogerB
(Colorado)
Posts:3724
|
| 08/06/2006 1:05 PM |
|
| Tina, I would not call a special members meeting just because one member made such a request. I strongly recommend you stay at 3 members on the Board since you only have 14 units. I also believe a 3 year term with one Director elected each year at your annual meeting is your best choice. This provides optimum overlap and continuity. A one year term is a BAD choice for several reasons. For example, if 3 new Directors are elected there would be no one to sign checks until the new Board members had a meeting, elected officers, and signed bank signature cards. And the 3 new Directors would still be learning their jobs when they might be replaced. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
BrianB
(California)
Posts:1748
|
| 08/06/2006 3:13 PM |
|
1 year terms are ridiculous. we have three years, and rotate them, so that not all the board members expire in the same year. thus, we should always have an experienced member help the new ones (that is, if we actually had a board, members, etc.).
and i agree with the sentiment that owners don't get to call special board meetings. read your by-laws, i bet no where is that power given to the owners.
|
|
|
|
|
BradP
(Kansas)
Posts:1742
|
| 08/06/2006 6:59 PM |
|
Tina:
Please don't respond to the request of the special meeting unless it states in your bylaws that one member can call one. Ours require 1/3 of the membership to have a meeting. I agree with Brian, one year terms are no good, by the time the board gets some steam you are replacing people. I would go with a minimum of two year terms.
|
|
|
|
|
DonN
(Michigan)
Posts:242
|
| 08/07/2006 5:04 PM |
|
The number of directors and term of directors depends upon your association and how it is managed. In a very small association, three board members should be sufficient. It may be appropriate to debate and decide major issues in the annual meeting and other regularly scheduled members' meetings. The board can then be concerned only with operational and administrative matters.
The typical argument for longer terms centers on continuity. The continuity may be good or bad, however, and longer terms preserve status quo. By the time new board members understand something is wrong, they may have already voted for actions to maintain the status quo. With three-year staggered terms, it takes two years to replace two-thirds of the board members to establish a new direction. With one-year terms, it is more difficult for the board to be dominated by a cliche.
The continuity can be provided by good procedures maintained by the management company or secretary and treasurer. The first meeting of the board should immediately follow the election at the annual meeting to elect officers, authorize disbursement of funds, etc. Again, this can be part of the procedure, and perhaps required in the bylaws. Of course, if the board functions well, some directors will run for re-election which will provide favorable continuity.
Consider how things can go wrong with longer and staggered terms and how problems can be corrected. |
|
Don Nordeen
Governance of Property Owners Associations
|
|
|
CharlesW1
(Georgia)
Posts:820
|
| 08/09/2006 7:58 AM |
|
Tina,
I have read all the responses you have gotten. I would have to agree with some not all. I definitely feel you shouldn’t allow the “special" meeting to take place. I do think 3 board members are also plenty for such a small association.
I hear what everyone is saying about a 2 even 3 year term but, in a volunteered HOA, is difficult enough to get HO’s to volunteer for the board. I also free that it will be very difficult and not very particle to be able to hire someone fresh with no back round of an associations do and don’ts
I don’t know the answer thats why I’m asking. Could there be a 2 year or even a 3 year term required for the president or VP position only?
Chuck W.
|
|
Charles E. Wafer Jr. |
|
|
BradP
(Kansas)
Posts:1742
|
| 08/09/2006 5:11 PM |
|
Charles:
I think one of the things you will find with one year terms is you have a lot of turnover, and it typically takes new board members a few months to get their feet under them, then as elections are coming closer and their term is up and have no intention of running again they tend to not do anything again. AT least that is how it is here, so really you have continuity, which I think is vital to get anything done. When you constantly have new people, new ideas you can't have a smooth running association. I don't think it is too much to ask for a 2 year committment, if they get fed up with it they can always resign. Of course it may not be as big a deal if you have an MC on board, but in a self managed association, continuity is the key IMHO. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|