HOA: Exec Board & Employment Agreements

Started by StephanieM2 • 5 replies • 1426 views

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StephanieM2 (California)
Posts: 3

Posted:

Hi there: Can an HOA's Executive Board make a major decision (i.e., renewing a management agreement) without the presence of the entire board? A last minute executive board meeting is being called at my complex in a day or two, and a few members are away for Christmas vacation. What are the rules regarding a quorum?
Thanks,
StephanieM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

Quorum requirements should be stated in your bylaws or in your state documents governing condo or HOAs. The quorum for a board meeting is set so that business can be transacted at that meeting.

What it takes to pass a motion is another matter. It may be a majority OR 2/3 of the members (of the Board.

If the Board does have the power to enter into contracts, then they can do the hiring and firing of staff.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Just read your post again - did you mean "Executive Committee."?

"Executive Board" is another name for the Board. "Executive Committee" is generally comprised of Pres. VP, Sec. and Treas. and the establishement of this committee should be stated in the bylaws, along with thier powers.

StephanieM2 (California)
Posts: 3

Posted:

I meant Executive Board, not Committee. Thanks for your feedback!

StephanieM2 (California)
Posts: 3

Posted:

Actually, maybe I should be more specific in my question...our complex's on-site managers have been doing a great job for more than 12 years, but we recently got a new president on the board that wants to cut costs everywhere. She has called an E-Board meeting that will address not renewing the manager's employment contract for a cheaper, off-site alternative, and and I'm afraid she might convince the board, even though all the members won't be present, which seems sort of underhanded. Am I naive?

SusanW1 (Michigan)
Posts: 5,202

Posted:

A quorum will be needed for this to be a "meeting" where business will be conducted.

PS the role of the board is to provide services for the association for the best price. Why does this change upset you?

ontn

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