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BrianM4
Posts:0
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| 08/19/2007 2:26 PM |
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| 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? |
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RogerB
(Colorado)
Posts:3656
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| 08/19/2007 4:00 PM |
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| 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. |
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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 |
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JoeW1
(New York)
Posts:728
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| 08/20/2007 8:15 AM |
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| 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. |
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BradP
(Kansas)
Posts:1742
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| 08/20/2007 8:22 AM |
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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. |
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JoanW1
(California)
Posts:12
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| 08/20/2007 4:16 PM |
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| 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. |
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GloriaM
(North Carolina)
Posts:772
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| 08/21/2007 4:33 PM |
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| 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. |
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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 |
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RonaldW
(South Carolina)
Posts:900
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| 08/23/2007 5:26 PM |
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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.
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Ron
SC |
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