President of Board think he is really the president

Started by JayG2 • 23 replies • 1740 views

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JayG2 (Tennessee)
Posts: 6

Posted:

What to do about "The President" being on the board is all volunteering work, but our president wants to run it like its his association. I feel like most members just dont care and will not get involve and the members who cares are just to passive self included dont really know how to handle a know-it-all person and who is never wrong. This guys always recite his resume how educated he is and what he use to be/do at his retire job,I have talk with many members but we have no solution. If we can get him to just shut-up something maybe our association can move forward. How this guy was voted in again is mind blowing but he was voted again as "The President" so we in the association are stuck for another years. Any suggestion would be greatly appreciated
Thank in advance OUR BOARD IS SLOWLY SINKING.
Jay

GlenL (Ohio)
Posts: 5,491

Posted:

OUR BOARD IS SLOWLY SINKING - Into what specifically: chaos, clinical depression or quicksand?

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jay,

Who voted him to be President; the members or the board? Are you a member of the board?

JayG2 (Tennessee)
Posts: 6

Posted:

Mary, I am I was voted to replace a member that resigned and also thinking of resigning.
Glen, We are sinking because we cant agreed to disagreed and the president told us its his way or the highway because again he was voted to be the president not for trying to move the association forward his name was the only one on the ballot.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Well, all actions of the Board must go through a motion for approval, so Ii'm not sure how much real power he has or how he is running the HOA.

His duties and powers should be listed in the bylaws.

Perhaps it is how he is running the meeting that gives the impression he has so much power. You are going to have to be more specific.

RW1 (Texas)
Posts: 149

Posted:

No specifics... sounds personal.

GeraldT4
Posts: 1,022

Posted:

JayG2 - In many associations the officer positions are voted upon by the Board members amongst themselves, not by the election of the residents. The residents elect volunteers to join the Board as a Director, then the Board of Directors decides who will hold each office. What do your bylaws state regarding the procedure?

JayG2 (Tennessee)
Posts: 6

Posted:

Susan our Bylaws state; The President shall be the chief executive officer of the HOA. In the event he is also a member of the board, he shall preside at all meetings of the members and of the Board of Directors. He shall
have all of the general powers and duties which are usually vested in the office of president of the HOA, including, but not limited to the power to appoint committees from among the membership from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the association.

It is not personal. The HOA for the last two years is just not moving in the direction to make our association better. We are all volunteers and when you give your time the least we could see is something concerning
violations, rules and regulations, the covenants and also the bylaws. I didn't believe in the one bad apple but now I am living it. I just want to make it work.

Jay

GeraldT4
Posts: 1,022

Posted:

JayG2 - Upon reading your quote of your bylaws I understand them to mean that the President doesn't have to be a member of the board. Quote, "In the event he is also a member of the board...". I've no idea why an association would want a President that is not a member of the Board but that's seems to be what your association permits. Hmmm.....

JayG2 (Tennessee)
Posts: 6

Posted:

Gerald: thats just what it says and you wonder it it live or is it memorex

Jay

SusanW1 (Michigan)
Posts: 5,202

Posted:

These powers sound pretty much the standard stuff: has the usual powers in a typical HOA, presides at meetings, can appoint committees.

He alone is not responsible for all the concerns you have, but leads the discussions when other Board members or residents bring them to the attention of the Board.

When the agenda gets approved, be sure that you have listed these concerns under New Business so that you can deal with them AND the minutes reflect the discussion being brought up. Then it stays on Unfinished Business until it is dealt with.

Make a motion that the president appoint a committee to deal with them - in total, or by subjecy matter, or in order of importance. Let your other board members know that you want some action and you are going to pressure the president to set up the procedure for bringing thesse issues to some closure. Volunteer to head up a committee or two - in fact, EVERY Board members should be on a committee!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By GeraldT4 on 08/21/2008 5:56 AM
JayG2 - Upon reading your quote of your bylaws I understand them to mean that the President doesn't have to be a member of the board. Quote, "In the event he is also a member of the board...". I've no idea why an association would want a President that is not a member of the Board but that's seems to be what your association permits. Hmmm.....

Gerald,

This is standard in many assn docs. The reason is that it gives the declarant the authority to appoint non-members to the board (which most declarants do!) while they are in control. Some times the stipulation is made that it only applies during declarant control, but more often than not the stipulation is not made.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By JayG2 on 08/21/2008 5:51 AM
Susan our Bylaws state; The President shall be the chief executive officer of the HOA. In the event he is also a member of the board, he shall preside at all meetings of the members and of the Board of Directors. He shall
have all of the general powers and duties which are usually vested in the office of president of the HOA, including, but not limited to the power to appoint committees from among the membership from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the association.

It is not personal. The HOA for the last two years is just not moving in the direction to make our association better. We are all volunteers and when you give your time the least we could see is something concerning
violations, rules and regulations, the covenants and also the bylaws. I didn't believe in the one bad apple but now I am living it. I just want to make it work.

Jay

Jay,

Your bylaws are worded no different than most assn bylaws. Note that it does not say the Pres has sole authority to conduct the business of the assn. The Pres is there to guide the board. If you look at the powers and duties of the board, I'm sure you'll see that the board (as a whole) has the authority to "manage, control and conduct the business, property and affairs of the assn". (The quoted phrase is from my assn bylaws under powers and duties of the board).

The other board members need to understand they should be included in all the decisions made in running the assn. It's not a board of one! If this guy doesn't want to be a team player, the other members should remove him from his position and elect someone else to be the Pres. He only has one vote!!!

GeraldT4
Posts: 1,022

Posted:

MaryA1 - This is not a case of appointment of non-members to the board. It's appointment of a President that is not a member of the board. "In the event he is also a member of the board...". Meaning "he" the President doesn't have to be a member of the board in order to be President.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By GeraldT4 on 08/21/2008 12:26 PM
MaryA1 - This is not a case of appointment of non-members to the board. It's appointment of a President that is not a member of the board. "In the event he is also a member of the board...". Meaning "he" the President doesn't have to be a member of the board in order to be President.

Gerald,

Yeah, that is quite confusing. I would have to read the whole bylaws article that addresses that. Perhaps there is an executive officer (Pres) in addition to a board of directors. But Thomas didn't make that distinction about the board Pres., so we don't know if he's a member of the board, a non-member, or what. All we know is that he thinks he can run the show single handedly, right?

MicheleD (Kentucky)
Posts: 4,491

Posted:

I still think that allows for Declarant to appoint non-members while the HOA is still under his control.

In our HOA, during that period, the President was a guy in our Declarant's brother's firm. He wasn't a resident of our HOA. But he was listed on quite of few of the officer posts in various developments that our Developer had going on at the time. He wasn't an employee or officer of the developer, just the developer's brother who ran an entirely different contracting company (business, not residential).

MindyD (Arizona)
Posts: 47

Posted:

I just want you to know that you have my sympathy. I too am in the same position and our president got into office because the president moved and he was vice pres. Do a search online and put in Presidential Tyranny and check out what comes up. Apathy is the biggest problem and you don't want to be marked as a trouble maker but if you don't do something it could get worse. I have stories I can tell you that will make your hair fall out and I am all alone in a 50 unit complex, the president has fired the volunteers he does not like or want to know anything. I don't know what to do since it appears he is in good with the management company he hired and he only answers to emails he wants to, does not answer his door or phone and the management company will only release certain info and that is when they feel like it. I am not giving up though, I have been collecting copies of things to show everyone when ever I get that chance but he actually kicked everyone out of a meeting the other day, called executive meeting everyone out because it started to not be in his favor. You should like this one, our presidents name is not on the deed and there is a lien against his unit also but no one else wants the job so they say nothing. I am going to play that card when he really gets condescending with me again. Don't give up.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By MindyD on 08/26/2008 9:36 AM
I just want you to know that you have my sympathy. I too am in the same position and our president got into office because the president moved and he was vice pres. Do a search online and put in Presidential Tyranny and check out what comes up. Apathy is the biggest problem and you don't want to be marked as a trouble maker but if you don't do something it could get worse. I have stories I can tell you that will make your hair fall out and I am all alone in a 50 unit complex, the president has fired the volunteers he does not like or want to know anything. I don't know what to do since it appears he is in good with the management company he hired and he only answers to emails he wants to, does not answer his door or phone and the management company will only release certain info and that is when they feel like it. I am not giving up though, I have been collecting copies of things to show everyone when ever I get that chance but he actually kicked everyone out of a meeting the other day, called executive meeting everyone out because it started to not be in his favor. You should like this one, our presidents name is not on the deed and there is a lien against his unit also but no one else wants the job so they say nothing. I am going to play that card when he really gets condescending with me again. Don't give up.

Mindy,

What about all the other board members? Why do they allow the Pres. to do as he likes? He's only member on the board! Regarding the fact that he is not a member of the assn. Are you sure your docs specify that only members may hold a position on the board. Many bylaws allow non members to be board members. During declarant control, the majority of the board is made up of non-members. Oftentimes, this is not changed after transition.

MindyD (Arizona)
Posts: 47

Posted:

I am not sure about that particular point in the bylaws but it definetely says you must be in good financial standing and I do take it personnally because I know my name was put on the election list by a few people and when the day came to vote at the meeting my name was not on the list and I did not know what to say at the time so I let it go. I come to find out later that it was because my name was not on the deed and the president agreed and voted against me being on the election list. It took me a year and a half before I got an answer back from the secretary that if my parents (the owners) wrote a note saying I could represent them then it would be ok. I still have not received an answer when I asked the secretary if I could see the presidents letter as a sample of how to write the letter. "Dear HOA board, please allow my daughter to play with the other kids" As humiliating as that is, I do have a letter on file with the management company that I am to be 100 percent noticed as the owner since I live there and pay the mortgage and have proxy voting rights etc. PS I am 47 years old.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Not to be telling you your business, but what about your parents adding your name to the deed?

MindyD (Arizona)
Posts: 47

Posted:

Financial reasons for my parents and me right now, it will go into my name soon enough.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Yeah, no, that's okay, I wasn't asking to get into your personal business.

I just was throwing it out there.

We put my name on my dad's house for a variety of reasons. I don't have any financial obligation and it didn't cost anything (to speak of) because I'm his daughter.

I totally realize every case is different and every family's situation is different. It isn't always an option for many people.

Was just sayin'. . .

I apologize for getting too personal.

KirkW1 (Texas)
Posts: 1,665

Posted:

While I wouldn't want to pry, you might also want to know that there are differing levels of deeds. And the HOA often only bothers to look at the warranty deed. (This is the one covering the loan.) Interestingly enough our appraisal district states that is the only they can use for putting names on record though that deed only exists if there is a mortgage. (You may find that your president in on one deed and not on another. This is very common when a mortgage is written in one name only and does not diminish the right of ownership of the other people.)

As for the note, it shouldn't be considered to be from your parents saying let my child play. It should instead be the considered from the owner of record making you their agent.

MindyD (Arizona)
Posts: 47

Posted:

Yea the note says I am to be their agent, I just have a warped sense of humor, sorry.

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