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Subject: Pres. and VP refuse to schedule BOD meetings
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CateM
(Florida)

Posts:5


11/20/2019 9:50 AM  
Good afternoon all - first time posting here. We have a fractured board, poor leadership at the helm, and the list goes on.....

In our docs it states, a special meeting (not a regularly scheduled BOD meeting) can be scheduled if two Directors request a meeting. This has been presented to the President (who is currently ill with the flu) and the Vice President. Neither have indicated they will schedule the meeting and instead want to wait until after an informational meeting on December 4th to schedule. This is unacceptable and the other Director and myself want the meeting posted and to happen in accordance with our docs in 48 hours. What recourse is there if the President fails to schedule the meeting or directs the Vice President to schedule the meeting timely.

Thanks for your comments.
SheliaH
(Indiana)

Posts:2761


11/20/2019 10:50 AM  
The flu is no joke, so part of me understands why the president would want to hold a meeting until after he recovers. However, I'd like to know:

(1) how often are regular meetings held and when was the last one?
(2) did the vice president say why he or she wants to wait? If you don't know, why haven't you asked him or her?
(3) what is this Dec. 4 meeting about - informational meeting is too vague and isn't necessarily the same as a regular board meeting.
(4) do the documents say the special meeting MUST be held within 48 hours? If not, why do you want this so soon, especially with the holidays on the horizon next week?
(5) how many board members are we talking about? Right now, it sounds like you and the other member vs. the president and vice president, so there's a stalemate. If there's another board member out there, what does he or she say (most boards are odd numbered to prevent stalemates)

If you have five board members, it would seem if three people want to meet, you can have the meeting because you'd outvote the remaining two. That said, I get the feeling there's a lot more to this.


MarkW18
(Florida)

Posts:254


11/20/2019 10:55 AM  
Most corporate affairs, which HOA's fall under, allow the president OR any two board members to call a meeting, as long as ALL board members are notified of such a meeting.
CateM
(Florida)

Posts:5


11/20/2019 11:52 AM  
l. Sadly, there are no regularly scheduled Board meetings. Docs state that but we have approval meetings with regularity and any other business gets discussed.
2. I've asked why the delay, what is at issue? No legit. response.
3. Mtg. on Dec. 4th is informational to the HOA members regarding roof replacements. VP says will have a meeting after Dec. 4th roofing informational meeting. I indicated another Dir. and myself wish a meeting now for discussion of non-roofing issues.
4. Docs indicate must have 48 hours notice. Issues need to be addressed and pending a long time.
5. You are correct...there are 5 members. Fifth member goes which ever way the wind blows.
There is no more than previously stated to this. The President lacks leadership skills, the VP is mostly all about what works for them and what can they get out of it. Two directors wish to met, the President is ill, the VP says we should have but one meeting (we are talking an hour here to resolve a couple of issues via motion and vote) and the 5th board member , well, they are a non-event so to speak.
We have a LOT of apathy, but mostly lack of leadership and failure to act. Rules snot enforced and ad hoc committees are rogue and have no direction or accountability.

If we had sat down at the table, discussed the business at hand, we would have had the business completed well before the time it took for all the jockeying for position and the transparent manipulation (otherwise known as bullying)to take place.

After reading this, I merely want to know what recourse is available when a legitimate request has been made but the President and Vice President have failed to act.

Thanks again for the comments.
CateM
(Florida)

Posts:5


11/20/2019 12:19 PM  
Doesn't help much with a 5 member board and two directors want a meeting. A quorum is not present.
MarkW18
(Florida)

Posts:254


11/20/2019 12:33 PM  
As I stated, either the president OR any two directors may call a meeting. Yes, three would need to attend to achieve quorum and for business to take place. The two that want a meeting will need to convince a third to attend.
AugustinD


Posts:2045


11/20/2019 12:45 PM  
Cate, first, you do realize that "48 hours notice" is different from scheduling the requested meeting within 48 hours, right?

Second, so far I do not think the President/VP not scheduling the meeting until after Dec 4th is a violation of the covenants.

Third, if you are a condo, then Florida Statute 718.1255 explains how disputes such as yours are resolved. You would start by filing a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes (of the Florida Department of Business and Professional Regulation). See http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.1255.html . Unfortunately, since you are a director, taking this route is going to be particularly onerous.
SamE2
(New Jersey)

Posts:195


11/20/2019 12:47 PM  
According to what you wrote the meeting may take place after 48 hours it doesn't said it must take place in 48 hours. 12/4 is 2 weeks from today so if it was me I would try to have the Board meeting with the informational meeting and save everyone time and not make them show up at 2 different meetings. It is not unusual for our Board to take 2 weeks to schedule a meeting.
CateM
(Florida)

Posts:5


11/20/2019 1:21 PM  
FS 720 - we are townhomes and not condos FS 718

The 48 hours is 48 hours notice to the HOA members if they choose to attend. The meeting does not need to take place within 48 hours. I understand the difference but thanks for clarification.

I will not file with the Division of .....State of FL My term is on an annual basis and I was asked 3 weeks into the term to fill a position vacated in the first 3 weeks as a result of a resignation. I should have known there was a reason for that.....I won't be seeking re-election and that's too bad as I believe I bring experience to the Board the other members (current) do not have.

Thank you all for comments.

GenoS
(Florida)

Posts:3362


11/20/2019 2:38 PM  
Posted By CateM on 11/20/2019 11:52 AM
We have a LOT of apathy, but mostly lack of leadership and failure to act. Rules snot enforced and ad hoc committees are rogue and have no direction or accountability.

Sounds like we live in the same place (but we're not townhomes), right down to the rogue committees.

I would consider you and the other board member, as the 2 directors who want to call a meeting, do so. Post the notice and say that the meeting is being called at the request of 2 board members (and identify them). Try to convince the non-entity to attend so that you'll have a quorum. Do it in accordance with your bylaws and hold the meeting. I don't think "manipulation" is bullying at the corporate level. It's politics And having said that, going through the motions to hold the meeting, even if it eventually doesn't happen, at least sends a message that you're not willing to be bullied. If the meeting is necessary there's no reason you have to put up with an unnecessary 2-week delay.
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