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Can HOA disband the BOD so instead all members make decisons?

Started by KarenT • 14 replies • 1478 views

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KarenT (Washington)
Posts: 250
Posted:
At a recent meeting, our membership has asked that the entire membership be the "voting" "decision" makers for the HOA instead of the 3-5 Board members. They want us to re-write the by-laws to reflect that the entire membership votes and makes decisions on all HOA matters. Our CCR's state BOD is 3-5 members.

Can this be done and do you think it is legal?

DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,

How many members are we talking about? If just a few, it could possibly be done. If we are talking a bunch, that would nenver get busiess done.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By KarenT on 11/15/2010 10:09 AM
At a recent meeting, our membership has asked that the entire membership be the "voting" "decision" makers for the HOA instead of the 3-5 Board members. They want us to re-write the by-laws to reflect that the entire membership votes and makes decisions on all HOA matters. Our CCR's state BOD is 3-5 members.

Can this be done and do you think it is legal?


Can it be done? yes. Is it legal? yes. Is it totally impractical? yes.
Who would chair meetings? Who would determine the motions to be voted? Who would present the motions for voting? How would voting be done? Who would pay the bills? Who would do Covenant enforcement? Who would get bids for contractor services? These are only a few of the reasons your suggestion is totally impractical. All organizations need a Board to allow the organization to function. The CC&Rs require the major decisions to be made by the owners. The Bylaws can be modified to require some of the other decisions to be made by the members of the association so long as this doesn't prevent the association from functioning effectively.
DanielH1 (California)
Posts: 482
Posted:
I agree in sentiment with the previous posters but disagree in specifics.

You can still have officers and committees so nothing much will change there.

The difference is that every HOA member (unit) will be a Director.

Instead of needing 3 directors to make a quorum, you'll need 50% of units to show up. You'll have a lot of cancelled meetings unless your membership consists of super-duper joiners who attend HOA meetings religiously.

In order to pass a motion, 50% of the attendees at the meeting will need to vote for it. So, for anything that needs to get done, somebody will likely have to hustle around the meeting, explaining and convincing everybody to vote for it and then try to get it passed. (Even for routine votes, expect some portion of the people to vote "no" out of anger or confusion or carelessness.)

You'll probably get a lot of gridlock. Things will happen slower.

On the plus side, you don't have to worry much about open meeting laws because it is unlikely that a quorum will assemble by chance.
BrianB (California)
Posts: 2,820
Posted:
It can be done, it's called a democracy.

And, as mentioned already, there are reasons that there are no democracies in the real world. Your HOA should learn from history, and not attempt to repeat what is known to not work.
JeffP6 (Florida)
Posts: 91
Posted:
WOW - nothing would ever get done - your MC would have to run everything. You would never be able to hire a landscaper, pool cleaner, etc..... it would all need to be approved by 50%+1

We cant even get 2/3 quorum for an ammendments meeting without haveing to run all over and email and hunt people down for weeks.
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By DonnaS on 11/15/2010 10:26 AM

Karen,

How many members are we talking about? If just a few, it could possibly be done. If we are talking a bunch, that would nenver get busiess done.

We have 12 homeowners, most of whom don't come to meetings or volunteer. The most we ever have at meetings is 8.
JeffP6 (Florida)
Posts: 91
Posted:
Quote:
Posted By KarenT on 11/15/2010 1:48 PM
Posted By DonnaS on 11/15/2010 10:26 AM

Karen,

How many members are we talking about? If just a few, it could possibly be done. If we are talking a bunch, that would nenver get busiess done.


We have 12 homeowners, most of whom don't come to meetings or volunteer. The most we ever have at meetings is 8.

If you only have 12 people and you get 8 at meetings then you are fine. Appoint everyone to the Board as a Director - everyone gets an equal vote in contracts etc.

What do your documents say about a quorum required of the Board at meetings - we have to have 2 of 3 Directors.
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By RogerB on 11/15/2010 10:43 AM
Posted By KarenT on 11/15/2010 10:09 AM
At a recent meeting, our membership has asked that the entire membership be the "voting" "decision" makers for the HOA instead of the 3-5 Board members. They want us to re-write the by-laws to reflect that the entire membership votes and makes decisions on all HOA matters. Our CCR's state BOD is 3-5 members.

Can this be done and do you think it is legal?



Can it be done? yes. Is it legal? yes. Is it totally impractical? yes.
Who would chair meetings? Who would determine the motions to be voted? Who would present the motions for voting? How would voting be done? Who would pay the bills? Who would do Covenant enforcement? Who would get bids for contractor services? These are only a few of the reasons your suggestion is totally impractical. All organizations need a Board to allow the organization to function. The CC&Rs require the major decisions to be made by the owners. The Bylaws can be modified to require some of the other decisions to be made by the members of the association so long as this doesn't prevent the association from functioning effectively.

Roger,

I was hoping you would respond! Thank you! I am just beating my head against the wall on this one! We have one new homeowner who has never been in a HOA, moved here from another state and the first thing out of her mouth was "well if I knew my dues were going to increase, I would have never bought this house." But after one month is an "expert" quoting the CCR's, by-laws and RCW (Washington State Laws). This person just "thinks it's not right and that everyone should be allowed to vote on everything". I am so frustrated I am looking to move!
RogerB (Colorado)
Posts: 5,067
Posted:
Karen, that owner needs to be educated on INFLATION. All costs go up an average of at least 3% APR. Without those increases your neighborhood will go down hill and so will home values.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,

My all time favorite statement "the first thing out of her mouth was "well if I knew my dues were going to increase, I would have never bought this house."

Well she did so now she better get with the program. Let her do her thing. She is a newby or novice, whatever you want to call her. She will either get the hang of HOA living or she will get out. Do NOT give in to her. She has no clue what it means to share in costs of maintaining the HOA.
DJ1 (Ontario)
Posts: 798
Posted:
If the entire membership wants this then it should be easy to get the entire membership to vote to change the CCR's to reflect these wishes. Sometimes you can't get enough people to vote to change the CCR's but that doesn't sound to be a problem for you.

Guess you could have a rotating chair or have a vote at each meeting to choose who would even be chair. Why can't you bring every issue to a vote for members who happen to be in attendance at any particular meeting to vote on it.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Ha - good luck on "mass leadership"
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By SusanW1 on 11/15/2010 5:16 PM
Ha - good luck on "mass leadership"

Yes, especially since only 3 out of the entire 12 have ever even read the CCR's, by-laws, rules and policies. It makes for very long meetings! SIGH!
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By DonnaS on 11/15/2010 3:08 PM

Karen,

My all time favorite statement "the first thing out of her mouth was "well if I knew my dues were going to increase, I would have never bought this house."

Well she did so now she better get with the program. Let her do her thing. She is a newby or novice, whatever you want to call her. She will either get the hang of HOA living or she will get out. Do NOT give in to her. She has no clue what it means to share in costs of maintaining the HOA.

You are right, she has no clue but is an "expert" after one month! She has caused so much discord in the neighborhood by implying things for the last 6 years were not done properly. She says the previous Board was a "punishment" board - when all they were doing was enforcing the CCR's, by-laws, rules and collections.

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