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ToniW (North Carolina)
Posts: 28
Posted:
I have lived in a community in NC with 41 units for about 12 years. I've been Treasurer for the past6 or 7. Most of our ownership have had very little involvement with the Board. Traditionally, the Board only consisted of the four officers with no At-large members. (WE do hold annual elections - usually the ownership just re-elects the sitting officers.) The HOA was held by the builder for a number of years and most of us are not versed in the ins and outs of all the legal stuff involved. At any rate, whether right or wrong, the ownership has not objected to this arrangement and it worked ok for a while. Now it's not working.

I could go into a lot of detail of the backstory but suffice it to say, that events over teh past 6 months have resulting in an impasse about an important CIP and building maintenance, how the board is run and getting things done.

The VP talks badly about other Board members when they aren't present. He talks about canning the president and or Secretary and being President himself. This leaves me cold as I don't trust him at all. His agenda is clear - cut the dues by half even though the numbers don't support that AT ALL. All he is concerned about is cutting dues and to hell with everything else.

Elections are coming up. My question is: Are four officers actually required? I have been told that only the President and Treasurer are required with a few At-Large members. Regardless, the 4 person system no longer works. I have read (or I should say TRIED!) the by-laws and I can't tell one way or another. The other Board members understand less than I do and I wonder if they are even interested at times.

Any suggestions?
ToniW (North Carolina)
Posts: 28
Posted:
I forgot to add that the President has a conflict of interest with the landscaping company we've hired - her fiance works for there. She is the one who has recommended them. She did not indicate this when we hired them and I've only recently found out from a 3rd party. The landscaper does ok but we can certainly do better for the money we pay them.
thanks
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your bylaws should speak about how many board members there should be. Since 4 is a even number, I doubt that's it.

Conflict of interest? No,you have not even touched a reason to suspect it.

ALL contracts should be blind-bid. See if you can look up the minutes where the bids were accepted for this job, and the contract awarded to a certain company.

HeidiB1 (Florida)
Posts: 12
Posted:
Toni,

You ask about the number of officers, not board members, so I'll answer that question for you. Your Bylaws and Articles of Incorporation will specifically state the number of directors that are required to be elected. It could be a specific #, or between a specific # (like between 3 and 7).

Once the Board members (directors) are elected, your docs should also specify how many and the manner in which the Officers (Pres, VP, Sec., Treas.) are chosen. The docs may specify that the Officers come from the Board, or that they may be other than Board members. As an example, in my Association, the only officer required to be a Board member is the President. The Sec. can also be the Treas.

Your docs should state whether the Officers are chosen by the Board members (directors) or by the Members (homeowners).

I hope I was more helpful than confusing.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
ToniW;

Read the following THOUROUGHLY:

http://info.dhhs.state.nc.us/olm/manuals/ooc/fnp/man/Fiscal_Non-Profit_Admin-01.htm

Now you know where to look and what you need to know.

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