Majority of Board Resigned

Hi Lynn:

The non-profit corporation a.k.a. association still must operate for the benefit of all members equally. If there are bills due such as water, electricity, etc. then yes absolutely they must be properly paid.

What they cannot do until they appoint new members is for instance vote to spend money on items not already considered usual operating expenses.

Thanks for your replies. We just found out that the two board members are conducting other board business and not just check signing and the property management company may also be aware of this. What can the homeowners do to stop this?

A quorum in our community is 3. These two are the reason the other 3 resigned. No one will serve with them. A recall is in the works but in the meantime, how do we get them to stop conducting board business? Their disregard for the law has always been a problem with them.

My last year as President we started out with 7 board members and officers. The end of the year I was left with 1 Vice President who was behind in his dues and even I had moved out of the HOA. We had a two board member signature plus accountant requirement on ALL checks written. Luckily, my VP was the other signature...Our HOA still operated but was not able to make some of the larger quorum type decisions. However, I never did have a high number of membership attendance and had been trusted enough by the community that I was able to make a few decisions here and there just to keep us afloat.

Unfortunately, our documents did NOT say the board or president had the authority to replace or to appoint board members. My hands were tied as ONLY elections served as a way for us to elect board members. The elections were still 3 or more months away. It was NOT an easy few months...

Due to some back stabbing con man he had created quite the mutiny. I was called a "dictator" and compared to "Hitler". I always kind of prefered the "Anti Christ" myself..LOL...It wasn't like I had a choice in the matter of assigning board members nor could I allow the Vice President to take over. (The VP was walking his dog which scared the cat someone was holding causing them physical harm and angered most members). The good news is that the day of elections he had managed to get a group of people interested enough to fill ALL the positions. Which was my "Bigger Fish" goal when I left. Ironically, the person who got hurt by the cat was elected President...LOL.

I tell you this tale because you need to see it from the otherside too. What can you or the other members do to help this remaing member out? They have all the pressure on them I amsure they are frustrated by thier limits as well. A HOA is run by it's members FOR it's members...Why not organize more members to do so?

Lynn,

If no one will serve with them, then the only thing that can be done is to recall the board. This will take time, energy and money. The other option would be to contact an attorney and start the process for a court ordered election to fill the empty seats. This will have unintended consequences for the whole membership. In reality, it would be easier if you wait for the general election and/or have members publicly volunteer to fill the empty seats.

It's a shame that the membership failed to elect stronger members to serve. Had the three not resigned, a recall process would have been easier to complete. Additionally, with their resignation, they created the situation you are now in. Had they not resigned, they would have had the votes to nullify any action these two individuals wanted to make. Now the two are free to do as they wish.

Not knowing all the specifics, and no one really does unless they are directly involved, I'm torn as to who to be upset with. The three who left. The two for causing the other three to leave. Fortunately, there are still Directors serving which allows the bills to be paid and the Association to function.

Tim

I wish you luck and keep us posted.

No one will serve on the board with those two because they harrass people so badly when they don't get their way. They will chip and chip and chip away at someone until they bring them to their knees. They are unlike people I've ever known before. Our only option is to recall them and that is currently in the works. I like the idea of getting a copy of the contract with our mgmt company and having a lawyer write a letter. That is something we can do now. Thanks for the advice.

Be sure to have 5 individuals ready and willing to serve if just going to recall or the HOA can be in trouble with nobody in place. If possible try to get three with a backbone into positions now. I am finding it hard to understand that nobody is willing to stand up and fill the positions for everyone's benefit after spending alot of money on their property.

Anybody need to borrow my cattle prod?