Term limits for board members

Started by CharlesG5 • 13 replies • 2661 views

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CharlesG5 (Florida)
Posts: 60

Posted:

Our HOA board is 9 members. They run every year and its difficult to get any new board members on the board. We have one to three new candidatse running but they never get elected.

Do any of you have TERM LIMITS for board members?

JonD1
Posts: 2,350

Posted:

Charles:

I would have to believe MOST documents DO NOT have term limits.

If you or others really want some new blood on the Board it would seem to require more time and effort to gather support for your candidates.

Relying on term limits to gain Board positions seems like the lazt man's way to succeed.

Just curious how is the current Board doing? Are there any major issues you or others find fault with? It would seem if their performance is satisfactory maybe that is why they have been re-elected.

If the owners were not happy they might support new people.

DeborahB6 (New York)
Posts: 34

Posted:

Charles,

We found ourselves in the same position a number of years ago. Long-time Board members made it known that they felt votes against them reflected that homeowners were unappreciative of their efforts. This was not the case. We decided to try to change our documents in favor of term limits. The community vote for this was less emotional than the yearly vote for new Board members and passed overwhelmingly. Many of the same Board members continue to serve for 2 three-year terms before taking a year off. This has allowed for other talented homeowners to become involved in the community.

Deborah

CharlesG5 (Florida)
Posts: 60

Posted:

DeborahB6

That was very helpful. Have you ever had a year where no homeowners ran for the board? If the answer is no, do your docs allow the board member who had to sit out a year be reelected again.

DeborahB6 (New York)
Posts: 34

Posted:

Charles,

We have a nominating committee that has always gotten volunteers to serve on the Board. Our documents don't say anything about re-electing a Board member who should be sitting out a year. I suppose your documents could be written in a way to support that should the situation come up.

Deborah

StanH5 (Colorado)
Posts: 89

Posted:

If you have enough volunteers to serve on your Board, Term Limits is the only way to go, if not it is irrelevant. Term limits allow for new ideas, review of contracting and other practices, and a full inspection of the books and granting business arrangements. The argument that any homeowner can review all this is not within reality, you need to be on the inside as a Board member. Term limits generally require a change in by laws and your Board normally is the only one that can do that (except for a petition of two thirds of the residents)and if they gain their identity, are power hungry types that won't happen. Your problem along with term limits (and believe me when you have volunteers to fill Board positions you find out that new blood, with new ideas, and not living in the past can really change things for the better) is enabling residents, apathetic residents who simply vote on familiarity of candidates and not on issues and hate change. Good luck

NoeW (Alaska)
Posts: 25

Posted:

We have staggered terms (some 1 year, some 2 years) but that does not guarantee new faces because of the same issues. This maybe easier to institute then outright limits though.

SharonG4 (Mississippi)
Posts: 54

Posted:

We have staggered terms and term limits for our 9 member board.

Terms: 3members hold 3year terms. 3 members hold 2 year terms. 3 members hold 1 year terms.

No one can serve more than 3 years consecutively so the members who held a 3 year term must take a least one year off before they can run again.

FredB4 (Ohio)
Posts: 375

Posted:

We have 5 board members and a small COA of 48 members. We get few nominations each year and most of our board have been serving for several years. We have a one year term limit unless someone runs which is rare.
When someone does run and the candidate has the best interests of the owners at heart, has the time to serve and the owners and board feel comfortable with that person serving, then their usually is someone who is happy to step down and take a break.
If your board is doing a good job then I don't see an issue because IMO I don't see how anyone can be a really effective board member in such a short time.
If owners aren't happy with the board then, as posted above, you need to get enough people to attend your annual board meeting to vote out the board members you feel aren't doing a good job and vote in people you know who would.
You didn't mention why these people weren't getting elected, but I assume they aren't owners who want on the board because the don't like the board enforcing the CC&R's.
I mention that only because that seems to be the case with some of our candidates who don't get elected.
Anyway, good luck.

JonD1
Posts: 2,350

Posted:

In some cases the people pushing for term limits simply can't get themseleves elected. They either lack the effort, the ability and or support of the property owners to win an election.

IF your position and views were so popular it would not be impossible to remove those who were not acting in the best interest of the property and its owners.

And one final thought there IS a laerning curve to holding a position on any Board. Walking in off the street does not qualify you to suddenly see all and know all. To many people eho have never sat on a Board seem to think common sense (if they have any) and general knowledge will get thme through. Serving requires education and learning IF you plan to do your job to any level of success.

To FORCE someone willing to serve your property off the Board while disregarding their performance while holding that position and instead using a calender is in my opinion a mistake.

IMO the reason you would have staggered terms and different people up for elections in different years would be to prevent massive turnover and a new Board coming into office without the bac=sic understanding of how a Board operates or manages the affairs of the property. Read some of the posts about new Boards taking over from the developer it is not a GOD given skill and until you have walked a mile in their shoes you CAN'T understand what is involved or required. To suggest so would be foolhardy.

Happy New Yesr

BrianB (California)
Posts: 2,820

Posted:

we have term limits written into our regs, but we call them "annual membership meetings" and voting.

If your term is up as a board member, and you have done a lousy job, you do not get elected again. If you have done a mediocre job, odds are you can get re-elected. But, the term of your service is up to the members of the HOA, you serve at their convenience once you reach the end of your service time.

Just like Congress.

RichardP13 (California)
Posts: 1,767

Posted:

Brian

I would disagree with you. Because of quorum, it is often difficult for Associations to conduct elections. One poster on another discusssion mentioned their quorum requirement was 2/3 of the members in good statnding.

Elections for Congress, DO NOT require a quorum.

BrianB (California)
Posts: 2,820

Posted:

i see your point Richard, and concede greatly to it, as elections for Congress in the US are valid regardless of voter turnout. The lack of voter turnout is not much of a statement.

In an HOA, a lack of quorum is a statement (more so about owners than board, actually).

DorothyO (Washington)
Posts: 293

Posted:

We had term limits of three years. We voted to amend that to one year, with no restrictions on how many terms anyone can serve. That way, as I believe Brian stated, if any officer was doing a lousy job she/he could be voted out after a year. If the Board was running smoothly, with no complaints from the members, and everyone satisfied with the governance of the Association, why remove someone? I know from experience, at least in our little Association, everyone has been so VERY grateful they don't HAVE to be involved. I know we are lucky. Extremely lucky.

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