No HOA Board vs. Mgr. Only

Started by PaulM • 5 replies • 1820 views

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PaulM (Pennsylvania)
Posts: 1,347

Posted:

Our small community (52 units) is now on its third full new board in two yrs. Previous board members have resigned and new members have been 'appointed' prior to election time in December. Now even the
'appointees' are resigning or have been FIRED! So...you think YOU have problems??? It's totally been a power struggle and a wrong desire to have residents 'do as I say'.
QUESTION: Can a HOA be disbanded and the community run with no board at all, perhaps overseen by the 'state' with a manager/and bank paying the bills? We are at a point where people are wanting to sell and move away from Community Living! We need HELP badly!

SwanB (Washington)
Posts: 199

Posted:

Who exactly fires the board members? If there is a power struggle going on, what are the forces?
Do you have a management company?

RogerB (Colorado)
Posts: 5,067

Posted:

Paul, officially a Board member usually can only be removed at a duly called Members meeting.

An HOA can only be disbanded if the Declaration or state statutes allow. You can go to court and ask the court to appoint someone to run the HOA. The result could be worse than your current situation.

Either you need to find strong leaders who know and follows the rules or hire a management company with a very good Agent who can help get things corrected.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Roger, thanks for input. Presently, there is only one elected Board member, the other two resigned; therefore, the remaining member APPOINTED two residens to fill the remaining time left on the two terms, at which time we will hold an election to fill these slots.
However, one of the appointed members was just FIRED. Can the elected Board member do this?

RogerB (Colorado)
Posts: 5,067

Posted:

Paul asked "one of the appointed members was just FIRED. Can the elected Board member do this?" Probably not legally; it depends on your By-laws. They can resign and another Director appointed by the current Board members. The election should only include Directors who's term is expiring. This is not necessarily an appoint Board member; they complete the remainder of the term of the Director replaced.

JulieS (Georgia)
Posts: 412

Posted:

Typically board members can resign or be removed only by a majority vote of the eligible association in a special meeting. They cannot be fired. When a board member does resign, the remaining board members then have the ability to select a person to fulfull the remaining term of the person who left. This position would then be up for election at the end of the remaining term.

When our association was turned over to the residents, it took about 4 years for things to 'get on track'. We still have issues as every neighborhood does but things are coming around. I would suggest going with five board members if your documents allow. This may help relieve some of the burden of volunteering and also help to even out any power struggles that may be happening.

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