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LaurieA (Tennessee)
Posts: 13
Posted:
I was recently elected to a 7 member Board (the only new member elected in) in March/06 & immediately realized our Pres. of 4 yrs makes all decisions, signs all checks that only require 1 signature, does not delegate anything to other Bd members, does not respond to my requests for info or to sit in on screenings, etc., told our mgmt company all items will go through her first before being acted on, has allowed questionable occupancy arrangements that have resulted in violations of DOCS that affect neighbors, **Bd was not advised of city code case involving common area fence that began in Sept/05 and resulted in a $7550 fine as of 4/06. Pres. never put code issue on agenda, and only advised rest of Bd when fine was certified. Rest of Bd have been content to let her do everything and haven't asked to be involved. They are 'buying' her written explanation for the fine in a newsletter sent out to general membership altho research I recently did belies her explanation. I do not trust the President's judgement and management style to the point where if things don't change our property values will suffer from the visual effect alone her decisions have created. At this point I do not want to be Pres. because I don't have the experience. At this rate I will never get that experience.
My question: I have tried the soft approach with absolutely no results. As a Bd member, what can I do force Pres. to release her stranglehold and share responsibilities with rest of Bd?
WilliamT (Arizona)
Posts: 489
Posted:
Become the president.
Form committees.
Delagate duties
Follow parliamentary rules

You can learn it.

Go to http://www.caionline.org/ and order some books on HOA operation: How to conduct a meeting, etc. They have many and you can learn pretty quick.

Go to http://www.rulesonline.com/ where you can have quick access to Robers Rules of Order. You only need to know a few basic rules to be able to conduct an orderly meeting.

Read the section on Relaxed rules for boards under 12. They make it less formal for HOA boards.

You Can Do It, and the sooner you get the current Pres out, the better.

RichardE (Kansas)
Posts: 5
Posted:
LaurieA,
I am a board President (for the last six years) and I am aware of what you may go through to correct your problem. You might check your ccrs. and see if the President can be recalled, in ours this can be handeled with a notice given to the board that you want a special meeting just for that purpose and the President must call it for the vote. I have been given somewhat of a free latitude to make decisions also, but I hold a meeting monthly to answer to all board members, and I have also been voted down on other issues, with my wife including in the vote down, (she is our sec.) It sounds as if your board is not involved enough in day to day issues to understand what might be happening. My suggestion is to bring it up in the next board meeting and hold your ground for asking a explantion more than just a statement, but be nice but firm.!!! We are all responsible for our actions.
Good Luck
Richarde
LaurieA (Tennessee)
Posts: 13
Posted:
Thank you so much for your suggestions. I realize I am going to have to do this the 'hard' way and demand changes through certified letters, etc. Your web site suggestions and the 4 things you listed at the beginning will be my goals.
LaurieA (Tennessee)
Posts: 13
Posted:
Thank you for your advice, it's very good and to the point. I have seen your responses to other topics and you are spot on. You should write a book! Between now and our next meeting I will research our states' HOA laws, then draft a letter to the entire Board addressed to the President, sent certified. Thanks again SO MUCH
ShirleyT (Idaho)
Posts: 4
Posted:
Unfortunately, Homeowner Association Boards are magnets for retired middle management people who never achieved enough power to push people around in business so they become monsters in homeowner associations because they can. Most people do little research before buying into an association and few are willing to pay attention, read financials, attend meetings. Association Bullies are common. It takes work but you must get a MAJORITY of owners to vote changes.
Shirley T
Hayden, Idaho
SusieC (Florida)
Posts: 3
Posted:
Also - who is counsel to your HOA? You might want to address the issue with them and perhaps your HOA counsel should be the one to do the "reigning in". As they are also on the hook for any errancies that occur (i.e., not following regs and/or state statutes) and their job is the protect the HOA and not this specific President, that might work.

Just make sure the Prez and the HOA counsel aren't "best o' buds."

Your other option: Quit, become totally conversant with your State's statutes and your governing docs. AND THEN go to meetings and get totally vocal. I was on the board at one time and am now just a resident, but if I show my face at a meeting, amazingly, stuff starts to get done...

Good Luck!
DonN (Michigan)
Posts: 357
Posted:
I suggest that you carefully review your governing documents, particularly the bylaws which should define the duties and authorities of the president. If the president is acting beyond the authority defined in the governing documents, then take appropriate action in a board meeting to address the issue. Just introducing the issue may change the conduct.

Board should act through their motions. Good parliamentary rules should apply. If the president doesn't trim back, make the motion for the president to act only within the authority defined in the governing documents. Force and vote on the motions and insist that the voting be recorded by name in the meeting minutes.

Don Nordeen
Governance of Property Owners Associations
http://swagman.typepad.com/poa_governance/

LaurieA (Tennessee)
Posts: 13
Posted:
from LaurieA...(Florida HOA)
I am doing my research & finding out tons of stuff, and should be ready for our next board mtg in August. I have more questions I need to throw out there:
We have a new, very strong mgmt co who just tells the Board we can't or can do various things, and we don't have availability to our legal council, he's available on a case basis only and IS very much in league with our Pres. Mgmt. co. has just TOLD the Board that checks will have item #s only on reference line, not a description of service. The mgmt co keeps the checks and sends them written out to our Pres for her sign. Questions:
1) where is best place to keep checkbook?
2) can mgmt co dictate how cks wl be written out?
3) we have system of one signature for anything under $1000. Can I request at a Bd meeting that be changed to a min. of 2 signatures for any check?
4) is it a practice for the Pres to sign cks instead of Treasurer? Could this be a conflict?
Thanks for all the help, I am actually enjoying the process of becoming educated!!
Laurie
RogerB (Colorado)
Posts: 5,067
Posted:
Laurie, here are my thoughts on your questions.
The MC does not have any authority to tell the Board; they can suggest. The Board should have access to their legal council and should not be involved with your MC.

1) With the management company
2) No, the Board can tell the MC how they are to be done. If no directions are given then the MC should use GAAP.
3) Yes, but you should investigate why they are using the current system. They may have a system with 'checks and balances' with only one signature which works well.
4) Checks can be signed by any Board member with signature authorization. It can sometimes be expedious to have someone other that the Treasurer sign checks.
CarolynK (Alabama)
Posts: 15
Posted:
shirley you are so right our board fits that retired middle management. we have even go so far as to hire a lawyer to try to help resolve issues in our community, but had no luck. the board comes down on ones in the villiage that is questioning so of their actions. we were the best couple in the villiage unto one day we questioned so of the boards actions. we have had the police called our here at 4times. our boards apoints who they want for officers and the majority of our residents are eldery people so it is so hard to get people involved. families move in and in 6to 12 months they move out. the ones that are in charge here are old farts that bought the first houses that went on sale.

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