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Subject: Interchange of Board Responsibilities in HOA
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Author Messages
DrL
(Florida)

Posts:11


03/09/2020 2:01 PM  
Help! We are having so many problems with our BOD that we are tipping into self destruction. Let me attempt to take the easiest to explain, first. We are a lovely old park in South Florida of approximately 250 homes. We are so lovely, in fact, that two separate development firms have made offers within the last 4 months to purchase our homes for $100,000 and $105,000 respectively for an individual home. Of course there are other aspects of a sale that one could question, however as many of us feel existing sales of from $23,000 to $$70,000 would produce a good return on investment of $5 0r $7,000 originally, combined that a number of us are old enough to be looking at other life options. The Board refuses to discuss in detail these offers at meetings and simply sees them off and into the nether while a number of us (probably not the majority), but do want to know. O.K. into that current background come some issues which need direction more immediately.

We are a community of about 45% Canadians (snowbirds) and the remainder United States citizens many of which are also snowbirds. It is, in general a very pleasant living and law abiding arrangement. We have a Board made up of Canadians, U.S.ers, and lots of snowbirds of other states gone 8 months of the year leaving about 30% here on an annual basis, including the President. Yesterday the V.P. of the Board in her letter to HOAers
indicated in her written remarks (running again for the Board) that among her duties is "to act as the President" when the President is not here (that's 8 months in Michigan). The problem is this woman is more than difficult to deal with - she doesn't like dogs, doesn't like certain landscaping, plays favorites in all appointments and activities, is rude to many, etc., etc. I have searched and searched our by-laws and codes and I cannot find any wording that allows the Vice President to annually "act as the President" - the times most violation letters go out, the time people purchasing here are looking (I myself had three offers pass the interview committee and be refused by her...all cash offers), however I do not want to make this personal, I would like, and some of the homeowners would like, to know how to handle this...almost nightmare situation. We have a Preident for less time than an elected President. Next week we will have an opportunity to ask the candidates questions. Is it appropriate to bring this situation up, or not in the questioning period? Thanks for your thoughts, will be back with more and greater issues.
JanetB2
(Colorado)

Posts:4211


03/09/2020 10:15 PM  
It is appropriate to bring up any and all questions you have when electing your BOD members.

I am a bit confused when you stated: “ (I myself had three offers pass the interview committee and be refused by her...all cash offers)”. Are you stating the HOA must approve any home sale???
GenoS
(Florida)

Posts:3664


03/09/2020 11:07 PM  
Posted By DrL on 03/09/2020 2:01 PM
Help! We are having so many problems with our BOD that we are tipping into self destruction. Let me attempt to take the easiest to explain, first. We are a lovely old park in South Florida of approximately 250 homes.

Is this a trailer park?
CathyA3
(Ohio)

Posts:827


03/10/2020 5:50 AM  
It's very common for the VP to act in place of the President when the President is not available or won't carry out his lawful duties.

Unfortunately it's also very common for homeowners (and even board members) to not understand how their community association works, leading to much drama and wasted time and effort.

I assume you have bylaws that describe how your community is to be governed - you should familiarize yourself with them because they will answer a number of your questions, specifically what board members can and cannot do. It should also talk about the election process and how to go about removing board members from office if things get bad enough.

Your toughest challenge may be finding qualified people to serve, especially with a lot of snowbirds. Unfortunately, it is very common (again) for people to take a hands off approach, even in communities where everybody stays put all year. If few people volunteer, you're going to be stuck with the few who do. If you do manage to kick out the ones you don't like without others willing to take their place, you may end up without a functioning board at all - and then you're really in for it.
DrL
(Florida)

Posts:11


03/10/2020 6:43 AM  
Yes, and realtors are not keenly interested in working here as things stand.
DrL
(Florida)

Posts:11


03/10/2020 6:46 AM  
Well, we call it a mobile home park, but yes. We own the land, however, there is no land rent for each unit.
DrL
(Florida)

Posts:11


03/10/2020 6:48 AM  
Yes
DrL
(Florida)

Posts:11


03/10/2020 6:51 AM  
Thank you, I continue to read the rules and regs and there is nothing I can find about VP covering Pres. for this length of time.
DrL
(Florida)

Posts:11


03/10/2020 6:53 AM  
Yes, sorry I am learning where and how to respond here.
GeorgeS21
(Florida)

Posts:2299


03/10/2020 7:04 AM  
DrL,

“...for this length of time ...” is the sort of thing that confuses.

You should post exact, quoted excerpts here if you wish to get specific answers.

How the Board governs is usually in the Bylaws, not the Rules and Regulations. It would be rare for there to be a specifics timeline for VP to run meetings, etc.
JohnC46
(South Carolina)

Posts:9299


03/10/2020 7:43 AM  
DrL

Is the issue of being able to sell single units versus a developer wants to purchase the entire park. In many locals one wanting to buy the entire park would have to get 80% of owners to agree to the terms thus forcing the sale.
DrL
(Florida)

Posts:11


03/10/2020 8:34 AM  
8 months veep covers for Pres. Park is in FL and Pres. is a snowbird.
DrL
(Florida)

Posts:11


03/10/2020 8:40 AM  
It is one of the issues (the developer buying the entire park). However, trying to sell individual units when the Board makes it difficult (no one with a bankruptcy (ever). Yes,our by laws call for 80% who would have to agree, to sell,however this is just one of the simmering issues, the Board apparently has no intention of finding out if 80% would sell. I think the developer needs to contact each owner and provide return mail interest forms..
JohnC46
(South Carolina)

Posts:9299


03/10/2020 11:40 AM  
Posted By DrL on 03/10/2020 8:40 AM
It is one of the issues (the developer buying the entire park). However, trying to sell individual units when the Board makes it difficult (no one with a bankruptcy (ever). Yes,our by laws call for 80% who would have to agree, to sell,however this is just one of the simmering issues, the Board apparently has no intention of finding out if 80% would sell. I think the developer needs to contact each owner and provide return mail interest forms..




The developer needs to do their own homework such as make an offer to each owner based on over 80% of all owners willing to accept. Let the developers lawyer prepare the proper paperwork to get the ball rolling.
JohnC46
(South Carolina)

Posts:9299


03/10/2020 11:42 AM  
Posted By JohnC46 on 03/10/2020 11:40 AM
Posted By DrL on 03/10/2020 8:40 AM
It is one of the issues (the developer buying the entire park). However, trying to sell individual units when the Board makes it difficult (no one with a bankruptcy (ever). Yes,our by laws call for 80% who would have to agree, to sell,however this is just one of the simmering issues, the Board apparently has no intention of finding out if 80% would sell. I think the developer needs to contact each owner and provide return mail interest forms..




The developer needs to do their own homework such as make an offer to each owner based on over 80% of all owners willing to accept. Let the developers lawyer prepare the proper paperwork to get the ball rolling.




ADD ON

Until the BOD legally stands in the way of your sale, you have only hearsay to go by.
DrL
(Florida)

Posts:11


03/10/2020 3:08 PM  
They have basically stood in the way. At two separate meetings a month apart they asked residents how they felt... raise your hand if want to sell? Bunch of hands up said no. Who doesn't want to sell? Bunch of hands but more by eye than those who wanted to sell. O>K> that's it says president, no sale. Same thing the next month. Residents all wide eyed looking around. Mtg adjourned. Board is obstacle all the way around.
DrL
(Florida)

Posts:11


03/10/2020 3:10 PM  
As President this 8 month snowbird is also the registered agent, looks like we have a legal issue with the Veep making all kinds of decisions in his absence. Yes/No?
CathyA3
(Ohio)

Posts:827


03/10/2020 3:32 PM  
Posted By DrL on 03/10/2020 3:10 PM
As President this 8 month snowbird is also the registered agent, looks like we have a legal issue with the Veep making all kinds of decisions in his absence. Yes/No?




The VP's job is to act in the President's place when the President is absent.

The registered agent is the person who receives legal papers for an association. If the President is absent, you'd better hope someone else is taking care of business. See what happens when an association fails to respond to a lawsuit because their official registered agent was no longer on the board:

https://www.floridacondohoalawblog.com/2017/03/22/condominium-associations-should-list-their-attorney-as-the-registered-agent/

Having said that, no one board member is allowed to make decisions that are reserved for the board, not even the President. It sounds like you have bigger problems than a VP that acts in the President's absence.

DrL
(Florida)

Posts:11


03/11/2020 8:20 PM  
Absolutely...so many problems.
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Forums > Homeowner Association > HOA Discussions > Interchange of Board Responsibilities in HOA



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