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Subject: HOA President has unit up for sale
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Author Messages
MaconB
(Florida)

Posts:2


04/25/2021 8:56 AM  
Our condo President who signs all the checks and has done many projects that seemed to be her "wish list" Should she be asked to resign as now her unit is up for sale. A recent project was paying our handyman 4 hours to trim back trees on a vacant property in order to give her unit a better view. This was 2 weeks ago. Yesterday her unit goes up for sale. Conflict of interest here????
AugustinD


Posts:300


04/25/2021 9:01 AM  
Posted By MaconB on 04/25/2021 8:56 AM
Should she be asked to resign as now her unit is up for sale.
She's an Owner (in the HOA/condo) until ownership of the home is legally transferred to another. As an Owner she has all the rights listed in the covenants, including serving as a Director and President if properly elected thusly, and the Florida statutes.
TimB4
(Virginia)

Posts:17599


04/25/2021 9:01 AM  
Lets say it is a conflict of interest.

What is the board going to do about it???

Did the board approve the tree trimming expense??

MaxB4
(Maine)

Posts:209


04/25/2021 9:11 AM  
If the project wasn't approved by the Board, and this project only benefitted the president, I would bill her directly for the service.
MaconB
(Florida)

Posts:2


04/25/2021 9:46 AM  
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
AugustinD


Posts:300


04/25/2021 10:36 AM  
Posted By MaconB on 04/25/2021 9:46 AM
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
-- How come you board members do not vote to remove her as President?

-- How come you board members do not order the manager to only spend money on what the board authorizes, when a director asks the manager to spend money on the director's needs?
JohnC46
(South Carolina)

Posts:10944


04/25/2021 10:52 AM  
Posted By AugustinD on 04/25/2021 10:36 AM
Posted By MaconB on 04/25/2021 9:46 AM
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
-- How come you board members do not vote to remove her as President?

-- How come you board members do not order the manager to only spend money on what the board authorizes, when a director asks the manager to spend money on the director's needs?



Good questions. Ge tough and challenge her versus wish she would quit.
KerryL1
(California)

Posts:8014


04/25/2021 12:51 PM  
The Board should just vote to remove her as president. You jut need a simple majority and ned not give any reason. And assuming the Board did NOT approve the "tree maintenance," bill her for the cost.

That is unless the tree trimming also benefiting many other owners, which is hard to imagine, but, maybe?

Or do you somehow let the prez make expenditure decisions by herself? If, so, imo, that's a very bad policy. Sure, the prez might sign checks, but they should not approved expenditures on their own.
KerryL1
(California)

Posts:8014


04/25/2021 12:53 PM  
The Board should just vote to remove her as president (she would still be a director). You just need a simple majority and need not give any reason. And assuming the Board did NOT approve the "tree maintenance," bill her for the cost.
That is unless the tree trimming also benefiting many other owners, which is hard to imagine, but, maybe?

Or do you somehow let the prez make expenditure decisions by herself? If, so, imo, that's a very bad policy. Sure, the prez might sign checks, but they should not approved expenditures on their own.

MichaelS56
(Minnesota)

Posts:179


04/25/2021 2:16 PM  
Tim, the answer was simple and clear. I agree strongly.
LetA
(Nevada)

Posts:1160


04/25/2021 4:33 PM  
Your board president is still the president until they sell their unit.
TimB4
(Virginia)

Posts:17599


04/25/2021 7:18 PM  
Posted By LetA on 04/25/2021 4:33 PM
Your board president is still the president until they sell their unit.




Incorrect.

The individual is still the president until the rest of the board removes him from that position or until he resigns.

The individual is still a director until their term runs out or until they resign or until they are recalled.

It is not known if the OP's bylaws require directors to be members of the Association.
Most Bylaws do not have that qualifier because the developer typically appoints friends or colleagues to the board that are not purchasing within the development. Therefore, unless the membership adds that qualifier it likely doesn't exist.
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Forums > Homeowner Association > HOA Discussions > HOA President has unit up for sale



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