Board Resigning

Started by SandyC1 • 11 replies • 1214 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SandyC1 (Georgia)
Posts: 4

Posted:

We can not get enough people to be on the BOD . Now being a BOD for the past 4 years, I am tired and for health reasons, have to get off. The community is a close small over 55, about 112 homes. Mamagement is the only way I see to do it. If, they want a HOA. We do have a community pool and some common ground that would need attention.We as a BOD will stay until this is taken its course to management or the homeowners come forward to help. But this I don't see happening,Anyone out there have this problem? Or did have this Problem? Sandy C1

SusanW1 (Michigan)
Posts: 5,202

Posted:

If you don't have a board, then a MC will not do you any good either.

When I hear that boards can't get members, it's because there are no committees that can "feed" the board OR the board has isolated itself from the membership so much that no one knows what is going on.

Each board member should hand in the name of another person who they have privately talked to about getting on the board, and hopefully, there will be someone to mentor them that first year.

If you don't have a board, then it's possible you will be run by a judge - not a management company.

You (the membership) can choose!!

JosephW (Michigan)
Posts: 882

Posted:

You won't be able to dissolve the association. The responsibility to take care of the common areas will run with each owner's property. Before resigning, the board should make one last appeal to the owners, letting them know that the only remaining alternative is to petition the courts for a receiver to be appointed to run the association. This will be both very expensive and will further hurt the value of the properties, not to mention the fact that receivers really are dictators, with the backing of the court. No one will be happy. If no one steps up, they had their chance.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

MaryA1 (Arizona)
Posts: 7,043

Posted:

Actually I have heard of some assn's that successfully dissolved. Some then became volunteer assn's. If the common areas can be sold, it's not an impossibility. I don't know what the laws are in FL, but here in AZ the common areas generally consist of water retention basins which cannot be used for any other purpose making it rather impossible to find a buyer. Unless the city/county agrees to take over the maintenance, dissolution is not an option.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Our HOA is similar to that, however, our documents, and the binding elements documents for the subdivision, do not allow for the sale of the common area. We can't even lease easements.

I believe there is an option that the city/county take over if the HOA is somehow dissolved. But whatever costs needed to maintain the common areas and/or the street lights, etc, are then portioned out as taxes in some form to the residents.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Michelle,

Some HOA advocates question why the city/county can't just set up special taxing districts so the city/county can maintain the common areas on the property owners' dime. However, I can see why they refuse to do this. Can you imagine the nightmare in setting up and maintaining all the special taxing districts that would be required (one for each HOA), what with all the HOAs cropping up?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Interesting conversation, and valid considerations.
I suppose we could conclude from what has been said, that those considering throwing in the towel are likely to have more problems than they have now. But is their a sure fire way to rejuvinate as association? I think a small group of deicated folks can turn a place around. It will take a little time and a lot of persistance but if planned well, it can happen. It could also be planned to hsve a terminstion date at which time a formal petition on the behalf of the association will be submited to the courts for resolution. Maybe if a deadline is set, folks might take it more serious.
This business of being on the Board is not all bad as the regulars can tell you. It has it's moments and opportunities to make you feel good about yourselve. I, for one, like to look around realize I had my fingers in that improvement, or change.

SandyC1 (Georgia)
Posts: 4

Posted:

RobertR1, the reason behind all of this "mess" is we have ONE person who has been and still is watching EVERY move and thing we do under a scope. Ouoting FL, statues, etc.. he sends his neighbor to record all meetings, I have no problem with that. I have to under Fl statue. Then goes home and desects the meeting 2-3 days later we are getting letters, about why or how we should do things. I and 3 others are not getting paid like a CEO!! We rae not lawyers , accounts, etc. neither is HE. But he is a shutin and all he does is look up things.He even sets deadlines for us to give him info he wants!
Sorry we recieve no pay for this and do as best the BOD can. He has now hired a lawyer, wants 600.00 enough. He can have the place, or pay us and we have to answer to him.

Bu the way he reads this site and has quoted that BOD "s get information so be all careful on what is said here...SANDYC1

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sandy,
First of all, let me make it clear. HE CAN READ THIS SITE AS MUCH AS HE WANTS.
HE CAN HIRE ALL OF THE LAWYERS THAT HE WANTS. As long as you follow your documents and the Statutes, he can make as much noise as he wants and will get no Judge in the world to pay attention to him. And I can assure you that my fellow posters are not much afraid of him reading this site either.

Shutin or not!!! Ask him to run for the Board or better yet--appoint him to a spot on the Board. Load him down with work, research and tasks that he seems to be more knowledgable on. If it's broke, let him fix it. He won't take on the responsibility so after that, just ignore this kind of thorn in everyones side.
What does he want $600.00 for? Because he hired a lawyer? I wish that I was on your association. Can you tell, I would go for his juglar vein?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sandy,
Okay, now that I've vented, YES! we have all had problems getting anyone to volunteer to be on our Boards. Owner apathy is the number one issue with HOAs. I have 2 rental units in 55+ communities and unless yours is very special, the age restricted communities are really tough to govern and for the very reason that you stated. Everyone of the associations ALWAYS!!! has armchair boards, those who think that they know more than every member of their boards. They have the microscopes out at all times. God forbid that you make an error. It's a tough thing to deal with but work hard to recruit some fresh blood and get a chance to regroup yourself.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Sandy,

Donna offers some good advice. The best thing to do is know that you're doing everything IAW your gov. docs. and FL state law and just ignore the rantings of this PIA shut-in! I would say that most of us who've served on boards or are currently board members have, at some time, come across this type of member. If you let them addle you and wear you down, then you've let them win. Just ignore and they will eventually go away. As Donna says, they will never volunteer to do anything, much less serve on the board, but I would keep throwing that option at him. Frankly, I hope your PIA is reading these responses and I hope he knows what "PIA" stands for and takes it to heart!!! :-)

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By SandyC1 on 12/02/2008 6:08 AM
RobertR1, the reason behind all of this "mess" is we have ONE person who has been and still is watching EVERY move and thing we do under a scope. Ouoting FL, statues, etc.. he sends his neighbor to record all meetings, I have no problem with that. I have to under Fl statue. Then goes home and desects the meeting 2-3 days later we are getting letters, about why or how we should do things. I and 3 others are not getting paid like a CEO!! We rae not lawyers , accounts, etc. neither is HE. But he is a shutin and all he does is look up things.He even sets deadlines for us to give him info he wants!
Sorry we recieve no pay for this and do as best the BOD can. He has now hired a lawyer, wants 600.00 enough. He can have the place, or pay us and we have to answer to him.

Bu the way he reads this site and has quoted that BOD "s get information so be all careful on what is said here...SANDYC1

We had a pain in the rear resident like this. They are control freaks and they feel they can disrupt and micro-manage.

One thing I recommended to our board president early on is to NOT get into verbal discussions with him. For one thing, it's never really about the alleged "topic" he wants to discuss anyway. He has a more toxic agenda, and there's really no way to suss it out, so don't even try.

We established a policy that ALL requests for information were to be in writing and would be responded to under OUR deadlines. That is, IF they were information requests that were legitimate and for which were had a responsibility to respond.

For example, if he wants to know how many delinquent accounts we have, we will provide that information, on OUR deadline, not his.

But if he wants to know WHY we made x decision and not y, then he would be referred to the minutes from the meeting at which it was discussed and discontinue the discussion.

If he wanted to know why we did NOT get a quote from XXX service, we would simply respond, in writing, that we obtained quotes from ZZZ Service, MMM Service and TTT Service and not get into a micromanaging discussion with him about it. Again. We will be brief, to the point, and courteous. We will NOT get into back-and-forth discussions or arguments.

If he wants to be THAT involved in the day-to-day operations of the association, then he must run for the board and be elected to a seat. Until then, we are NOT his employees, he is NOT our manager, and we have more important work to do than to babysit his ego.

If he points out mistakes that we have genuinely made (and lord knows, no one is perfect), then we thank him for his input and let him know we will address it appropriately. We then correct the error, if we can, but feel no more "obligation" or "responsibility" to "update" him on our actions. Again he is NOT our employer, and he is NOT our manager.

If he points out mistakes he THINKS we have made, which we HAVEN'T, we will still thank him for his input and let it go at that.

ALL in writing. . . . .

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here