Term limits for Board Members

Hi. Our documents currently do not have language for term limits for the BOD. This year the same three are running for the fifth year and most likely one other owner. We are a very small community and one vote can sway the tide of a "click". That has happened for years and I am afraid it might happen yet again. They do not want to loose control. It is quite political for such a small community and I will not post a long winded story.

I will again request that our documents be restated but that can be a year long process and money is always an issue. In the meantime, my suggestion would be that every three years a Board slot opens up. I cannot find anything in our state statutes about this topic so does anyone have any suggestions?

Hi Joanne:

You will either need to get your governing documents amended before the upcoming election, or it would not take effect until the following year if an amendment passes. The statute below allows for terms to be provided for in your articles of incorporation or bylaws.

Keep in mind there are potential issues with what you are proposing:

How large is your community … If you are a small community and have very few participate, then limits could be a problem and you could have an election where there is nobody to vote for because those who would run and willing to do the job, can no longer participate.

It seems to me the blame is being put on the governing documents when actually the reason the same individuals are serving is probably because no other homeowners are willing to step up to the plate and nominate themselves and be willing to take on the responsibility. Your best bet is to get more homeowner involvement and participation.

RCW 24.03.100
Number and election or appointment of directors.

The board of directors of a corporation shall consist of one or more individuals. The number of directors shall be fixed by or in the manner provided in the articles of incorporation or the bylaws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The number of directors may be increased or decreased from time to time by amendment to or in the manner provided in the articles of incorporation or the bylaws, but a decrease shall not have the effect of shortening the term of any incumbent director. In the absence of a bylaw providing for the number of directors, the number shall be the same as that provided for in the articles of incorporation. The names and addresses of the members of the first board of directors shall be stated in the articles of incorporation. Such persons shall hold office until the first annual election of directors or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or the bylaws. Directors may be divided into classes and the terms of office and manner of election or appointment need not be uniform. Each director shall hold office for the term for which the director is elected or appointed and until the director's successor shall have been selected and qualified.

I don't like term limits, especially for small HOAs.
(terms limits for officers, yes, for board members, no)

The voters should have the last say.

PS - What about your husband? He will be forced to step down eventually, in spite of the "wonderful" things he does.

every elected official, big or small, has a built in term limit: it's called an election.

I hate to bear bad news, but no matter how big or small a group of people, if the same guys gets voted in over and over and over again, then the rules of democracy are saying that he is doing a good enough job to get elected. Or at least, good enough that no one is willing to expend enough energy to sway votes.

America is sadly known for lots of hot air, but little actual action when it comes to democracy. In the great 2010 "toss em out of office/we're mad and not going to take it anymore" election cycle, when American's by the millions flocked to the polls and sent a message to our national political leaders, the message was this: "You are, for the most part, doing exactly what we want. We had a choice to elect you or replace you with someone new, and look, we re-elected 84% of you to the senate, and 87% of you to the House!" Yup, we showed those career politicians what we wanted, we returned 9 of every 10 of them to office.

So, if you really want a board member out, elect someone else. Go out, beat the bushes, and get proxies. Put someone else up for election. Have them walk the neighborhood, talk to people. Challenge the board to debates. Shine a spotlight on the problems, offer solutions, try to get folks involved. Talk to the owners, send out mailings, give them phone calls and emails, get their commitments to vote, come to the meeting, or get their proxies.

It's not easy, but only you can answer if it's harder than living with the status quo.

Jon, maybe you should re-read what I wrote. I was asking for constructive comments which I received. I believe in democracy that is why I asked. Just some feedback--I find your comments quite nasty.