Get 6 months of free community web site hosting from Community123.com!
Friday, October 10, 2008
Banking Solutions for Community Associations (NCB) (National Bank)
Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
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.
Reserve Fund Resources (National Reserve Planning Tools)
If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More…
Community Associations Network (National HOA Reference Library)
News, articles and blogs about condos/HOA's
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject:  How to I get president to step down
Prev Next
You are not authorized to post a reply.
Author Messages
BrianM4


Posts:0


08/19/2007 2:26 PM  
I live in South Carolina and the community I live in the president of the HOA is doing what he wants. Our rules state that we can have 5 board members and he is trying to get a 6th member. He also is buying things that nobody on the board apporved of. I have talked to some of the board and we would like to see him step down. Could anyone please tell me what we can do?
RogerB
(Colorado)

Posts:3656


08/19/2007 4:00 PM  
Brian, if he was elected by the Board, rather than the members, they can remove him from the office of President. They can also educate him to the rules and scanction him.

Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
Email Roger at this address.
*See legal notice below (end of page) or go to www.hoatalk.com/legal
JoeW1
(New York)

Posts:728


08/20/2007 8:15 AM  
BrianM4 - 6 members means there can be a tie vote. The "I'll recuse myself from the vote to prevent a tie" excuse is bogus because everyone must vote. The Board can remove him from the office of President at any time. If he was elected by the community he will remain on the Board as a Director but stripped of his Presidential duties.
BradP
(Kansas)

Posts:1742


08/20/2007 8:22 AM  
Brian:

Great advice from others, read your documents, they will tell you what to do. If we were in your position we would simply need three board members to vote him out of the position of president and appoint a new one from amongst the remaining board members. He would still be on the board however, just not president.

If you want him off the board completely that will take an effort from your community to recall him, less likely but still can be done.
JoanW1
(California)

Posts:12


08/20/2007 4:16 PM  
Our CC&R's were recently amended to permit seven (7) Board Members, which eliminates tie votes. In your situation, do the other Board Members speak up when they see the President violating the CC&R's? If not, they should, and if he does not comply, they can vote him out as President. They should remember that as Board Members, they have a fiduciary responsibility to make decisions that are in the best interest of the members of your Association.
GloriaM
(North Carolina)

Posts:772


08/21/2007 4:33 PM  
The President only has 1 vote just like the rest of the board. It is just his duties that makes him President. Why are the other board members allowing him to make arbitrary decisions. The 4 of them need to hold him accountable.


Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
Author of "A Guide to Community Living"
Faith Management Services, LLC (North Carolina)
(704) 799-3791 
www.FaithManagementServices.com
 *See legal notice below (end of page) or go to www.hoatalk.com/legal
RonaldW
(South Carolina)

Posts:900


08/23/2007 5:26 PM  
Posted By BrianM4 on 08/19/2007 2:26 PM
I live in South Carolina and the community I live in the president of the HOA is doing what he wants. Our rules state that we can have 5 board members and he is trying to get a 6th member. He also is buying things that nobody on the board apporved of. I have talked to some of the board and we would like to see him step down. Could anyone please tell me what we can do?




It's all in the association documents (CC&Rs, by-laws, etc.) Find them and read them, the answer will be in the documents.

The question, of course, is do others feel the way you do or are you in the minority?

Acording to our documents, two board members must sign every check so it would be impossible for me to buy things that "nobody on the board approved of". Well, I could buy them but I wouldn't be reimbursed for them.

Ron
SC
You are not authorized to post a reply.
Forums > Homeowner Association > HOA Discussions > How to I get president to step down



ActiveForums 3.6

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.)

Copyright HOA Talk.com ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement