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Subject: board resposible when no volunteers??

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LynetteB
(Texas)

Posts:5

10/10/2008 9:20 AM
Most of our lot owners live out of state. We have some members locally, but few who will actually lift a finger. Some of our new board members insist on having an executive committee to do the jobs of Pres., Sec., Treas., etc., so they won't even take a job after 3 months on the board. The problem with that is that we don't have people willing to volunteer to do jobs, (unless they get the voting right of a board member to go with it). Shouldn't the board members be responsible for doing these jobs?

MaryA1
(Arizona)

Posts:2157

10/10/2008 9:30 AM
Lynette, It all depends upon how your bylaws read. In most instances, the directors are elected by the membership and they, in turn, elect the officers among themselves. There are some assns that call for both directors and officers to be elected by the members. If your assn is organized whereby the directors are also the officers and they don't want this resp. perhaps they should consider contracting with a mgmt co. The directors would still hold the various officer positions but the manager would be doing all the work associated with running the day-to-day business of the assn. The Pres would preside at all meetings and be resp. for signing all contracts and any other official docs of the assn, but the board members/officers would have very little to do. The property manager could even be resp. for providing minutes for all meetings. It sounds to me like your board members just don't want to have any work to do!

LynetteB
(Texas)

Posts:5

10/10/2008 10:47 AM
Our bylaws call for the members to elect both, but it has been over 5 years since our assn was put together and due to lack of interest the officers have always been the board. There has been alot of talk about a mgmt co., (which I am against), but we just don't have the funds to pull that off. We could raise the dues, (which I am against), but with the economy, it would probably add to our list of those who don't pay their dues. In Texas, what all should I look to for guidance? I have a copy of Vernon's law, our CC&R's, and our bylaws. Our articles of Incorporation don't offer anything helpful. I have seen a copy of Robert's Rules that answers some questions. Any ideas?

KirkW1
(Texas)

Posts:1110

10/10/2008 11:33 AM
The only officer that I could possibly be see being held by a person not on the BOD would be Treasurer. And then only if someone wanted to serve without the additional burden of being a director. But to be a self-managed HOA with mostly non-resident owners is probably not a good position to be in. In fact, I would look to strip the HOA functions down to the minimum and put as much as possible on auto-pilot. If there is a desire to have a more involved neighborhood organize a separate neighborhood association. Then promote said association to the renters that live there as a means of improving where they live. And make it as much social as anything else.

LynetteB
(Texas)

Posts:5

10/10/2008 11:49 AM
Our non-resident owners have empty lots, not rentals. Some of them bought lots for an investment, some plan to move here in a few years, some when they retire. There are owners who have changed their minds about moving here and have their lots for sale. The stats = 63 empty lots, 13 lots w/houses.

SusanW1
(Michigan)

Posts:2117

10/10/2008 2:19 PM
An Executive Committee meets in-between board meetings. It usually consists of Pres. Sec. and Treasurer. Its work involves doing some of the day to day things that need to be done, working within the budget passed by the entire board. Your group's membership is small; I would encourage an Executive Committee with quarterly board meetings of the full board. Your documents should state whether an Executive Committee can be established.

LynetteB
(Texas)

Posts:5

10/10/2008 8:00 PM
Thanks. Our bylaws do cover an Exec Committee. It just seems there should be something that puts the responsibility of the Exec duties back on the Board when there is a lack of people or willingness to do the job.

SusanW1
(Michigan)

Posts:2117

10/11/2008 5:41 AM
An Executive Committee will carry out the Board's directives. It just fills in when you have a situation like yours when there are so many absentee association board members. Remember: the FULL Board must meet on a regular basis. Perhaps the minimum is stated in your bylaws. But all action should not stop just because you can't get the Board to meet. By the way, there is always email chats and phone conference calls, IF your bylaws allow meetings to take place like that.

RogerB
(Colorado)

Posts:3694

10/11/2008 6:03 AM
Lynette, Your situtation is why many HOAs hire a managing agent who can handle most of the duties.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

GlenL
(Ohio)

Posts:1362

10/11/2008 8:12 AM
Lynette, with 63 empty lots and only 13 homes, just what does the HOA have that would take up excessive amounts of time? Are there any common areas or utilities to manage and pay for?

KirkW1
(Texas)

Posts:1110

10/13/2008 7:55 AM
What amenities do you have? Do you really need much done?? I would imagine hiring a landscape firm, and potentially a few other vendors. But I don't see what is needing to be done.

LynetteB
(Texas)

Posts:5

10/13/2008 8:39 AM
We have lakes, parks, & a storage area to maintain. Pumps, water level, shorelines. Mowing common areas & lots, then billing the lot owners for mowing. We have yet to re-write our bylaws to pertain to our type of community. We are using generic ones that the developer provided. We need a President, Secretary, Treasurer, and specific to our community, a Lake Operations representative. The people here are capable of doing the work without having to raise the dues to hire it done. I was just hoping there was something that made the board HAVE to do those positions when no one volunteered. FYI..I am trying to get on the board, (I will find out tomorrow, the current board is filling a vacancy due to resignation). Our current treasurer has a busy job, and didn't mind doing it until two new people got on and decided not to pick a job. (We were hoping giving them a choice of a job would make it easier for them to choose one). They think that the board should just make decisions and do no actual work, and maybe if we had more families then we have, it would be possible, but not at this time. So, do you know of any publications that could lead us down the right path?

SusanW1
(Michigan)

Posts:2117

10/13/2008 3:58 PM
Lynette - You said "They think that the board should just make decisions and do no actual work" Sorry - but YOU need to study the role of Board. They GOVERN. They do not actually DO EVERYTHING, they just make sure it gets done. That MAY be hiring out the job or finding people to do the job, but you should not think that board members are laborers. It sounds like you have lots of jobs there that require some expertise. There should be a Grounds and Landscape Committee that can make some of these decisions and get board approval. Working within their budget, they should be able to get things done around the sub. That leaves the Board free to do BOARD work.

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