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KathleenR (California)
Posts: 13
Posted:
We are in Ontario, CA and we have a major problem with the President of the Board and his priorities. He believes his duties as President consist of issuing parking tickets, towing and patrolling the complex. He doesn't realize this position entails a lot more, i.e., our BUDGET, financials, etc.! He has admitted that he is not a "numbers" person! Myself and the other Board Members are working diligently to create a Budget, research prior and future work throughout the complex, and what is in the best interest for all; mainly keeping HOA's DOWN at $258 per/mo, yet still maintaining operating costs. Myself and the other Board Members have agreed and voted on certain issues and the President has intervened (note; the President was invited to attend all meetings and chose not to attend, so we made decisions without him). The President believes that we should not make any decisions until all votes are in? Regardless of who is on the Board today, tomorrow or if and when we ever obtain a quorum, we need to handle business as usual. Our CC&R's state that if voted on by the Board, a person can be voted off by the Board, but if a person was voted on by the HOA, then the HOA has to vote. Can the President be voted off or at least his position as President during the annual election? Thanks again everyone for any advice! I love this website!
JoanW1 (California)
Posts: 12
Posted:
Hi Kathleen: I am currently Board President of our Senior Community. We have a total of seven (7) Board Members, elected by our Membership. After each election, the Board meets in Executive Session to elect Board Officers; i.e., President, Vice-President, Secretary, and Treasurer. The remaining Board Members are designated "Directors at large." According to our governing documents, any officer of the Board can be removed from any Officer position. To remove a Board Member, Officer or not, would require a vote of the Membership. Does your governing documents, ie., Bylaws, CC&R's, contain a description of the duties of each Officer of the Board? Ours does, and every new Board Member is required to follow the written duties. It seems that your President is doing things that an on-site Manager would do. Do you have an on-site Manager, or Management Co. to handle the day-to-day operations of your community? I hope this helps.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Kathleen,
I believe that normal procedures during the election meeting would provide for the election of any board members to fill any vacant slots. After that is all done and the open meeting concludes, the Board then has the first regular meeting of the New Year. One of the requirements of the Board would be to elect new officers of the Board. At that time the Board could elect a new president or any other officers it may deem necessary.
None of the Offices of the Board carry a lifetime sentence. As far as the Board voting the President off the Board, if elected by the people, you realize that once the Board elects a new president the old president still sits on the Board. I would check your By-laws carefully, as I believe that a special meeting would have to be called before the members at large. Since you are having an annual meeting I see no reason if you complied with the CC&R's about dismissing a board member, you could at some point when there is no meeting, you could open a meeting to dismiss any particular Board member for cause. The Board member would have the right to say any thing in his defense to the members and if the criteria was fullfilled , could be voted off by the members. At that point then the remaining board members can appoint any qualified candidate from the membership.
I would also check your CC&R's to see if the Board members could call a special Board meeting and vote the President off and appoint a new President.

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