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DarleneB2 (Washington)
Posts: 9
Posted:
Hi, we are a small HOA and is hard to get homeowners involved except for complaining. Well beginning of this year the President was voted in, since then he does not really know what he is doing and does not do anything. I was asked to be vp to help out sec/treasurer. I basically help what is asked and all but I do not want to be President. I feel the board should vote out the President and leave the President position Open to hopefully get all homeowners on board to come to meetings. I realize the vp would take over the President's role, no problem as I'm doing this now. What is frustrating me and the Treasurer is that he says he will refuse to resign. He kinda feels like "the big man" in the neighborhood. What are the rules when you:
Elect new Officers/Directors regular meeting second vote?
remove President

We are small so we don't want to be in this situation, but if nothing changes, we keep going like the old board. The new President is basically in that position by a homeowner that complains about everything, so he goes to the President to tell him what to say. What was quite funny, I received an email from the homowner that was complaining on the President's yard!!!! Now actually, this was an improvement to his yard. So I basically told the President that your so called "friend" complained about your yard. Since we are neighbors I didn't want him thinking We were complaining. This just shows how petty it is getting.

Again thanks to answering the rules to
Elect new board of Directors, President/Secry etc.
How to remove President that won't resign but really does not want it either.

JeffP6 (Florida)
Posts: 91
Posted:
What do your docs say - most dont say that a person is voted into a specific position. Most docs allow for someone to be voted onto the Board and then leave it to the Board to vote amongst themselves for who wants what position. If hes not doing anything and u and the Sec / Treas are over it and u can then make him the Sec / Treas and u and the other Pres /V Pres.

Totally dependent on what your docs allow you to do.

If he wont do anything tho you may want to remind him that he has a fiduciary responsibility to the position he was elected to. You and the rest of the board should hold him accountable to do his job.
DarleneB2 (Washington)
Posts: 9
Posted:
I lived here since 1998 and what I remember we had an annual meeting and was electing officers/board. I only had a copy of the Covenants. Looks like from the very beginning voting was done by members who showed up at the meeting and someone seconded it. Not sure if we ever really done the correct way as there was only the Covenants from 1998 and not the bylaws in detail how to conduct business.

Even this year,
Basically no one showed up for the meetings - so voting of the President/Sec/Treasurer and Architect committee was done on the spot. I just read a meeting minutes that showed that a march meeting was conducted and that is when I was nominated in for VP.

The Board is also the VP Sec Arc people too since it is small.

I'm assuming that we are legal since the attorney never said we were not but another lady we talked to that does HOA business said we weren't. She made a comment like you said above that the Board elects but since they are the same people, that kinda confusing to us.

This year, The Treasurer put together a budget and I did an audit from
Aug 2006-December 2009 to make sure everything was done correctly since there was alot of old directors/members making accusations but nothing was done funny and was in balance by .11 cents. So we gave each Member a copy of the new CCR/bylaws etc Balance sheet, voting ballot (found out AFTER the fact that it was not done right by attorney, he never gave our board the abc/123 of what to do. The report the Treasurer gave each homeowner included Attorney fees from Feb 5, 2008 - December 2009. Thanks for letting me vent.
GlenL (Ohio)
Posts: 5,491
Posted:
Darlene, you really need to read the By-Laws to find out the proper way to hold elections. There are some HOA's that directly elect a H/O into a specific Board position; most elect the H/O to the Board and the Board members choose the officer positions. You also need to read and follow the Washington HOA laws and Non-Profit Corporation statutes that might apply. Here is the HOA statutes: http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38&full=true

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 388
Posted:
Darlene,

Are you saying there are no bylaws? If so, are elections, voting, etc addressed in the CCRs? If not, then I would say the BOD should set about to write up and adopt a set of bylaws ASAP. But, get that new attorney first or it may be the 12th of never b/4 that gets accomplished! Many assn bylaws may be amended by a vote of the board alone.

As Glen stated, in most assns the members elect the board of directors who, in turn either appoint or elect who, among themselves, will serve as the officers. If a particular officer isn't performing his job (i.e. your Pres)he may be removed from it by a majority vote of the board members; however if the officers are also elected by the members then removal can only take place by a vote of the members.
DarleneB2 (Washington)
Posts: 9
Posted:
Thank glen and Mary,
Yes, there are bylaws, I only received the covenants only when moved in. Now once we received the currebt bylaws from the lawyer, we see now how it is suppose to go. So yes there were bylaws in effect dated 1998 but noone had them until received by records.

What I see in past meeting the members were voting for Board of Directors since some are the same people. Thank you both for clarifying this.

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