HOA President Dictator

Take your own advice and follow the rules...You can recall a member. So follow the rules to do so if you can. Also you may have taken him a bit more serious than you should. He may have just been having a bit of facisious fun when he took the gavel in hand. It didn't seem like an action that was to be taken seriously to me. You are a volunteer organization so don't expect all this professionalism and perfection. It's what you make out of it or the people who are in majority that does.

Hi Georgia … welcome to the forum:

You did not state which Chapter regarding whether you are under Condo statutes or HOA statutes for your state. Potentially only the majority vote of the board in your state can approve filling any vacancy and not just by one member of the board. If the State Statutes or governing documents are not followed then the other board members should state the facts based on the documents or state laws and potentially replace any individual not proper appointed and/or if necessary.

Let me know which you are and I can provide statutes for your reference. Also, generally in FL any board appointed positions can be recalled and replaced by the board and not require member approval.

The Management Company is an employee of the Board. If there is any mud that comes back from the MC’s actions remember it rolls down hill and the potential stopping point regarding certain items or legal issues in an association ends either with the association itself or the board of directors who have the ultimate control.

Maybe this individual was initially playing around as Melissa stated, but if they continue to have a dictator attitude moving forward then the membership can recall if voted by membership or board by majority can replace them as Chairman potentially via the state laws or also as designated in your governing documents.

Before you consider resigning keep in mind that your property is the number one most expensive item you have invested alot of money and do not easily give up certain power to a group of individuals who may abuse their power. Right now you are in a position to rally other board members together to take control of the situation. Choose wisely ...

I do follow the rules and I do take my own advice. We have a president who was handpicked by the outgoing president using the same underhanded tactics the current president used to appoint another owner to a vacant seat on the board without considering the other volunteers.

Maybe you can answer this. Since we our a HOA under FL statute 720...how important is it to follow the published agenda?

There is one in every bunch. This guy is obviously toxic to the HOA and needs to go. Do your best to get rid of him.

Hi Georgia:

One board member CANNOT fill a vacant board position, unless they are the sole remaining director. It must be by affirmative vote of the majority of all remaining directors. You can point out the statute to other board members that procedure was not followed. Also be sure to check your governing documents to insure what they also state regarding your concerns.

Link for Chapter 720 State Statutes:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20720

720.306 Meetings of members; voting and election procedures; amendments.—

(9) ELECTIONS AND BOARD VACANCIES.—

(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

In this same section 720.306 is also the following which can help eliminate stupidity, because hopefully individuals will not want to act in such a manner in front of a video camera:

(10) RECORDING.—Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

The following is under the Recall section and you might check with your association attorney in that when an individual has been elected to fill a position by the board class members, they then potentially should be the individuals who can recall said individual.

720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.—

(10) RECALL OF DIRECTORS.—

2. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected.

Under the Non-Profit Corporation Statutes if your association is registered as such is the following section which also states vacancy to be filled by majority of remaining directors:

Non-Profit Corporation Statute Link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617ContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20617

617.0809 Board vacancy.—

(1) Except as provided in s. 617.0808(1)(f), any vacancy occurring on the board of directors may be filled by the affirmative vote of the majority of the remaining directors, even though the remaining directors constitute less than a quorum, or by the sole remaining director or, if the vacancy is not so filled or if no director remains, by the members or, on the application of any person, by the circuit court of the county where the registered office of the corporation is located.

(2) Whenever a vacancy occurs with respect to a director elected by a class, chapter, unit, or group, the vacancy may be filled only by members of that class, chapter, unit, or group, or by a majority of the directors then in office elected by such class, chapter, unit, or group.

(3) The term of a director elected or appointed to fill a vacancy expires at the next annual meeting at which directors are elected. Any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for a term of office continuing until the next election of directors by the members or, if the corporation has no members or no members having the right to vote thereon, for such term of office as is provided in the articles of incorporation or the bylaws.

(4) A vacancy that will occur at a specific later date, by reason of a resignation effective at a later date under s. 617.0807 or otherwise, may be filled before the vacancy occurs. However, the new director may not take office until the vacancy occurs.

Melissa,
Thank you for your reply. I am very well versed on my state laws pertaining to Condo and HOA statutes having served on both and being an officer in both types of associations.

I realize not everyone is knowledgeable on all of the laws and rules and our documents and bylaws. Still, when someone who is in the membership and/or on the board bring it to the attention that the BOD is acting illegally, and gives the BOD the printed material on the law and explains why it is illegal that is informing those on the BOD that what they are doing is illegal and the practice must stop.

Ignorance of the law is no excuse and when the illegality is pointed out, it SHOULD be taken seriously and the action rectified. When an association ignorantly allows the BOD to act illegally, the entire association is responsible.

Ignoring the law, whether one is a professional or not, is NOT in the best interest of the association.

Back in the 60's when this association was first brought about, it was a "good old boy" mentality. The BOD didn't take things like property lines and public utility easements seriously.

Times have changed, the laws have evolved. We are no longer a "good old boy" association where the laws weren't taken seriously because those old timers would make deals under the table. TODAY, the owners of those properties that they've inherited from their parents go by the book, especially when there is a property line dispute and the encroachment ends up costing one or more of the owners money out of their pockets to settle disputes that would not have occured had the "good old boys" followed the laws to begin with.

In Florida, property rights is a VERY important issue. It is one of the few times that a 12 member jury is required when cases go to trial.

My original question on this forum was about a new board chairman who believes he is the one and only powerful member of the board. No, he was NOT joking around. I and others have done everything that CAN be done about this board and their "rogue" behavior. My question was, after exhausting everything available including being on the board, being knowledgeable of the law, trying to educate the BOD, what is the next avenue to explore?

Georgia:

IF in fact things are as you describe you have a serious problem and the Board Presdient is just one of them.

How many members make up your Board? Who and how many voted this person in as President? Sounds like they have the support and blessings of the remainder of the Board.

Rules are great. Lots of people get paid lots of money making up legal requirments about things they know little about. Problem with rules not just in HOA life is just who is going to enforce them? The HOA condo police?

Now when you have a personality such as you have described do you seriously think quoting them rules will change their behavior? That belief would IMO be naive at best.

And taking on the role of counter balance to sucha person would IMO prove thankless and not very productive.

Now IMO you would have two courses of action. Work to gain support within the community and remove this person. Now that will take time and effort ( people like this just don't move along when challenged). Next you will have the problem as to who will fill that role. Wodering why the Board members would appoint someone like this there is a possibility they are of the "anyone but me" school of thought when it comes to serving on the Board. Are you capable or willing to head the Board? The suggestion to remove them as President IMO would be problematic as you would then be forced to deal with them every meeting as a POed emeber whose gaol is to cause trouble.

Your second option is to take legal action and have the courts enforce the rules and regulations. Time, effort and $$$$. And in the end you may wind up with the same problems as option #1.

Two observations after 25 years serving on my Board. It is NOT the fault of the Board or any one member. It is NOT the fault of the MC when things are no handled properly. THE FAULt LIES WIH THE OWNERSHIP THAT ALLOWS THIS TO CONTINUE IN THE HOPES THEIR ACTUAL EFFORTS REMAIN MINIMAL.

Until the owners decide to act this person will more than likely have free rein to coninue on.

And finally about rules and regulations. In most cases they are simply guidelines with little if any enforcement. Concerning yourself with only what rules have been violated and why this President sees fiot to do so IMO misses the big picture. If this person is willing to act in this manner they more than likely have no ability to act in the best interest of the property. But sitting by and pointing out what has been done wrongly is IMO of little if any value.

As one Ross Perot used to say " we are going to have to get dirty on this one". YOU sound to me like you have a fight on your hands. You can either decide to take that on or sit back like 99% of the other owners and do nothing. That choice is yours.

IMO there is no governemnt agency that will put this President in their place and even if there were the void would be filled by whom?

This is the problem with self government at at level. The members don't involve themselves and a small group that can be either good, bad or indifferent will take control.

Good luck.

Georgia,
I too became a new member of a BOD in an HOA in Florida last year.
The old heads on the BOD elected a President who really thought that the job description was "dictator".

I became the treasurer.

After a few months of his frankly crazy behavior I was able to speak privately to board members and be assured of a majority of four of the seven members to vote to recall the President.

AT the next BOD meeting I made a motion to recall the President.
It passed four to three.
The then Vice-President assumed the role of acting President for the rest of the year.

Problem solved.

My suggestion is for you to carefully read your docs.
For example, our docs require our property manager to obtain sealed bids for work that cost over a certain amount.
If he fails, I contact the property management company who employes him for our HOA and inform them that his behavior of violating our Docs is jeopardizing their company's CAMS license with the State of Florida.

Good luck.

Oh, I've already let the MC and the board know I was recording and I politely informed them (just to be courteous) if they minded when I mentioned it before the meeting started. State law and our documents allow anyone to record the meetings.

I'm going to give this guy another chance to be civil at the meetings. If he still acts like a dictatorial fool...I'll go forward, but the room is filled with people who were NOT amused at his behavior. I'll let him hang himself.

Thank you Janet...onward and upward!