BOARD PRESIDENT OPINIONS

A president will do only as much as a board will allow him. If you don't want him to do the entire newsletter just get involved and do it yourself. If you are not happy with his job as a president the board may vote to remove him from the position.

As a board member he does get the same one vote as anyone else on the board. There is no need for a tie for a president to vote. Remember he is a board member be being elected by members and he is an officer (president) by a vote of your board.

As long as the president is also a director, he is permitted to vote just as any member. Roberts Rules does not REQUIRE the board chair (president) to vote only in the case of a tie. However, Roberts Rules does say that to preserve the presumed neutrality of the chair, the president normally should vote only when his or her vote would affect the outcome. The president can also make motions and participate in discussion and debate, the same as any other member.

But, as others have said, the president will try to get away with whatever the board allows him to. The president works for the board - not the other way around.

I agree with Tim. However, people expect more of their HOA board and officers than the reality that exists. No one is really a HOA professional. The people on your board are probably the least apathetic group of your neighbors that exist in your HOA/neighborhood. They are the one's willing to do something to be involved on a daily basis to do what needs to be done on the behalf of the general membership that elected them to do that.

A HOA board is made up of a variety of people of every shape and form. It's rare you get anyone with any kind of professional background on your board. Even if you get someone with that type of background, they are overshadowed by those who don't have that experience. Plus the "professional" isn't acting in their professional capacity. The HOA is on a PERSONAL level for this professional person. Their decisions they make do reflect not always their "professional opinion" but their personal reflection. I am sure a doctor doesn't appreciate your dog crapping on their yard...They have every right to go to the board to express that and try to make a rule preventing it. To say they are being "personal" is absolutely correct.

You know what I did to resolve our little BIG poo problem in our large common area near the pool? The area was to be used a "park" with 1 lonely basketball goal over grass...I bought some cheap wire decorative fencing for a few dollars, dog/cat repellent pellets, and put up a sign. The biggest offender's were the one's to complain it "bothered their sinuses". However,I had actually only put the stuff down 2 times and it rained a few days afterward. Got them to stop using that area and we cleaned it up. I also did designate the common area by the dumpsters as an okay area for the dog's to go as no one lived close by to be bothered. Plus it was the nasty dumpter area already.

It costs less than $10 a bag for dog/cat repellent. The product is SAFE to use around animals. If someone had a problem with cats in their flowerbeds, I'd spread it in it. It did put out a strong odor for a day or two, but it did work. I live in a NON-HOA and use it on occassion. However, living in a HOA, that option of using such an item doesn't sit well with all. The opinions you will get can be quite off the wall. It's an option other places in the world but NOT in a HOA! LOL...

I don't think your HOA can fine $500 anyways for the violation. It has to be written in their documentation to do so. If someone wanted to fight their fine in court, I would give them 90% chance of winning. Plus the win would get the HOA board a swift kick of legal reality...An expense I am sure would get them voted off the board...

Joanne,

I wish my property owners association had this problem. Ok, we do have an opinionated president but the similarity ends there. Our board is composed mostly of retired blue collar workers from out of state. They have no management or even corporate experience. They know nothing about Arizona law and do nothing to educate themselves. They refuse to seek any qualified legal advice as they view it as "a waste of money." Only one current member is a college graduate and his degree is in education - not business or management.

As much as you may dislike your president's personality it sounds like he is doing just what he should do. ARS 10-3830 requires directors to act "With the care an ordinarily prudent person in a like position would exercise under similar circumstances." The same statute states "In discharging duties, a director is entitled to rely on information, opinions, reports or statements," from legal counsel, among others.

In addition, Rule 31 of the Arizona Supreme Court Rules prohibits any non-attorney from giving legal advice to another. The one and only place your BOD can get legal advice is from an attorney and, yes, they do charge for their work.

Your post implies that your president is wrong on legal issues and that the lawyers are providing false opinions at his request. I find it hard to believe that any lawyer would act this way for an HOA president. While you may feel that the fees charged are high, they are not likely to even begin to approach the point where an attorney would chance throwing his law license away. I would love to see some of the opinions the president has received and why you think they are wrong.