Board of Directors Term Limits

Hi Joanne:

Most states do not have term limits; however, this is something that some HOA’s are starting to add to their CCR’s and I believe a few states have added to their statutes. The problem you are going to encounter is in order to amend the CCR’s in most communities requires a large majority vote. You only have 9 homeowners and currently you stated you have 5 owners who ban together. Until the one selling his unit completes a sale and a new owner moves in, then it may be difficult depending on your documents to get CCR’s amended. All this also depends on what your HOA documents state regarding amending the CCR’s for implementing term limits.

I personally like the idea of term limits as far as after two terms a director sits out for at least one term, then they can run again. This type situation allows for more individuals to participate especially in some communities where you have little “clicks” regarding the board. This also is a way to generate more participation from all homeowners. The more participation from all homeowners the less petty issues the HOA usually has overall.

It may be possible after a new owner moves in to get the CCR’s amended. I would approach this issue as soon as possible after acquiring a new owner, as they would not in essence be for one side or another, but considering primarily what they feel is good for the overall HOA.

In the meantime ... I think your husband should run again, especially if he has past experience and maybe he will get that one extra vote needed the next time around.

Thank you. Yes, I think he should run also. I am toying with the idea of giving the owner who is selling a copy of the correspondence I mentioned. If the truth is not compelling enough then we have no alternative to wait it out another year. Term limits are a good idea in any community.

Did I read this right? You have a nine-home community and five of those nine are board members? That seems like an awfully high number of directors for such a small community. That might be something you also look into changing, too.

My community, which has 92 single family homes and about 200 condos, has a five member board too and it seems manageable.

Your community has too many chiefs and not enough Indians.

We're an association of 53 homes and are trying to amend our bylaws to include term limits. I confess, when the bylaws committee brought the proposed changes to the board (on which I now sit), I did not like the thought of term limits. In the past, it's been hard to get people to run.

Now I'm in favor of term limits because it forces the community to *groom* for the next generation of board members. Many people see an assoc. board as some secret society. The more people you can get involved in the workings of your community the better they understand that the board is not some omnipotent being. Set up committees-social, communications, etc. Even if you have only two people of a committee--a board member and a homeowner--you have one more person involved in the activities of the community.

JM2¢

We are an HOA of townhomes.

Joanne:

I have a tough time deciding where to begin. Why would it amaze you there were no terms limits in your documents? Simply because you have decided this might be the answer to your problem? Most of the condo/HOAs that I am aware of do NOT have terms limits in place. But I will not guess or speculate as to what most, all, or many of the other properties across the country might do now or in the future because I really have no way of knowing. Nor does anyone else for that matter.

The call for terms limits can be made when some small group of people whose ideas and revelations aren't embraced by the members of the serving Board and this same group is unable to gain Board positions bacause of percieved abuse of the system so they themsleves now push to change the system to serve their goals.

Sound about right in your case? Can't get enough votes so change the rules.

Now lets be practical for a moment.

How do you plan to get enough votes to change the By-Laws when your husband can't get one more vote? Do you think those you plan to force off the Board will vote to support your actions? Have ANY idea what that might cost or how long that might take? My guess you do not nor do most people.

How long, in your perfect world, would the terms limits be? So if you succeed then after x amount of years all those serving with you will be forced off and the remaining owners will be forced to serve. With just 9 owners you might cause quite a problem filling the Board when some have been made ineligible by YOUR term limits. Have you even bothered to look that far down the road? Have all 9 owners expressed an interest in serving? My guess no. So how would you fill the Board?

So in the end you would have a system of never ending rotation of Board members one group pushing their "truths" and the other pushing what they think is right.

Should make for one happy property..

And finally I have to comment on the realities of Board operations. There is in fact a learning curve. No if you never sat one day on a Board some might beleive all the knowledge you have from reading about things would prepare you IMO it will not. This should not be a learning on the job system as the property will suffer. Now as I have served on my Board for 25 years I have a better idea of what Board service requires versus someone who has NEVER served. That would be common sense for most. So if you force all the members off because of term limits who will then serve in their place? Are they willing to do so? Are they capable of doing so? As a Board member there are benefits for long term service, you have the time to make changes, you have the time to institute programs, you have the time to develope relationships that affect your property, you have time to learn the system and all the areas that Board members SHOULD be aware of. IMO this is NOT a role someone can walk into and handle with little if any expierence.

And finally what amazes me is that we have people who seem to suggest THEY have all the answers, they know what's best, they know how things should be, but they have never served one day, one minute, or one second on any Board. And as I have read several times some people claim to know the truth, claim to know things are being done illegally, claim to know what needs to change, claim to have the support of most, all, or many but can't seem to get enough support within their own communities to implement their idea of the perfect world. Just like in our government majority rules. But if you find fault with that or are unwilling to do the work necessary to spread the truth well then push to change the system so you get a Board position by default.

Yes, people who can't win an election will call for term limits. Yes, people who have never worked as a member of the Board will decide what the Board should have done. People who have no knowledge of the responsibilities facing many Boards will tell you how things SHOULD now be. And these same people will push to have documents changed, laws enacted, rules written to serve their agenda and force the people out who in many cases were in fact voted in by the property owners.

Here is something you might want to consider what you believe might not be the truth instead it might be "your" truth. And what you see as the answers might in fact complicate an already difficult system even further. And IF how you saw things was in fact THE TRUTH why then are you just one of the few that sees this?

Just remember in life a knife cuts both ways. What you use against someone they can and will use against you. So before you bring out your knife make sure you are ready and willing to be cut. ( I am referring to term limits just to be clear.)

We fall under the RCW condo rules. Yes, King county and you?

Joanne,
There is nothing in the RCW 64.38 Homeowners Association regs. Any entity can set the term limits that best fit its organization. We actually got rid of ours here in Southeastern WA, except for one-year. We reasoned that if folks were unhappy they could boot us out after one year, and if they were happy, they wouldn't have to boot us out based on a term limit. So far so good. What do you mean your documents will be restated in a year or two? Also, do you mean "Peyton Place issues," as in the incestuous t.v. program, or "patent" as in obvious and clear issues in the community?

I came to that conclusion after reviewing the RCW codes.I am glad your one year term limits are working for your community. Sorry, I did mean "Peyton Place".

All in all things will work themselves out--they usually do. Thanks for all your comments.

Thank you. We have the same issue, the current President does do a lot of extra work and I do pitch in whenever I can in spite of my feelings. Afterall, I am still and owner. May I ask what complex you represent (if that is allowed in this forum)?

Joanne,
I'm still curious about what you mean when you said your documents will be restated in a year or two. You replied, "We are self-managed," but how is that related? Also, I believe if your Bylaws are recorded with your county auditors office, any true amendment has to be recorded as well. Some HOA's only record their CC&R's, but not their Bylaws.