BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
Our doc.'s state the Pres. can file a lein they do not state current or past pres. can the past pres. file a lein ?
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goofy question
Started by BB5 • 6 replies • 1260 views
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BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
typically, only the current HOA board can conduct business on behalf of the HOA.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
The past president is not the president, On our board, the whole board must approve a lien. But if you're right, BB5, the president alone can file it for your HOA.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Past president is a nobody. No power, nothing. No they cant file a lein.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By BB5 on 04/26/2012 2:37 PM
Our doc.'s state the Pres. can file a lein they do not state current or past pres. can the past pres. file a lein ?
Our doc.'s state the Pres. can file a lein they do not state current or past pres. can the past pres. file a lein ?
This may hinge on what you mean by "file a lien."
If by the word "file" you are referring to making a decision to record a lien and/or signing the lien document, then the past president would not usually do this.
On the other hand, if you are refering to the act of delivering the lien document to the county recorder then there probably is nothing wrong with the past president making the delivery. In most places any person can present a document for recording.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
IMHO - I think this means that the president would decide if the lien is to be filed. Just who actually does it is of a different concern. This just gives the authority of decision to the president. He/She could authorize someone else to carry out the decision.
It would help if we saw the actual bylaw.
It would help if we saw the actual bylaw.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Rhe members with signature authority may be able to file yhe lien on the HOA's behalf. In genral, those with the right to write checks for the HOA typically have the ability to follow through with legal actions like this. That is AFTER a board vote and approval process. However, it is usually the responsibility of the President. It is best to keep it to the one source of the President as that position does represent the WHOLE of the HOA.
IF your referencing seeing signatures on the documents of the ex members could it be because they were in office at the time? Liens don't typically need renewed and can keep ex presidents signature on it for years. Lawsuit type judgements DO need to be renewed every few years FYI so signatures do need updated there...
Why is it you ask and what is the lien for?
IF your referencing seeing signatures on the documents of the ex members could it be because they were in office at the time? Liens don't typically need renewed and can keep ex presidents signature on it for years. Lawsuit type judgements DO need to be renewed every few years FYI so signatures do need updated there...
Why is it you ask and what is the lien for?
Former HOA President
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