Board Resignations--No Replacements

Hello:
I know that this subject has been aired here before, on this forum. However, what procedure should be followed ( In Steps ) after a Board resigns in mass? I feel that this is going to happen at our next Annual Meeting at the end of this month. We like a lot of communities suffer from Apathy and find it difficult to fill positions on our board. We have a present Board with five members. Three of the members have been on the board for 3 to 4 years! They are getting tired of the duties and I really can't blame them. The balance of the board have been there for 2 years. They are getting burned out as well. I have read in previous posts, where a "Final Solution" may be to ask for a receivership? How do you accomplish this? I am pessimistic about new board members coming forward to take over for those who have resigned. We may be without a Board at the end of this month and I am dismayed about what to do. As you may have guessed by now, that I am a present board member. I like to operate with an "What If" attitude but at the moment we are at a loss of what to do if this occurs. We have a management company and they are directed by the Board on many matters, especially approving expenses. What happens if they have no direction? Would appreciate input from others who have had experience with entire board resignation and how the HOA proceeded. Thanks.

Ed,

Receivership is a drastic last resort when absolutely nothing else works out. The short version is that someone must file a petition with the courts asking for a receiver to be appointed, the court holds a hearing, and appoints a receiver. Someone has to pay for all this and owners are likely to become more interested in the association when they find their assessments going through the roof. Receivers are generally a short-term situation as part of their job is to find a solution to the problem.

For most associations, elections take place at the annual meeting so resignation of the entire board at that time would open all seats. If you can find out in advance of the meeting whether they intend to resign, offer your services. The last remaining elected board member can normally appoint others to fill the vacancies until the next election. If you are appointed and the last elected member resigns I believe that you would be able to appoint a new board to serve until the next election.

You need to find out why these board members are burning out. My first guess is that they do not know how to delegate even the simplest of tasks and try to do everything themselves.

Thanks for all the replies. I believe that the "Poisoning of the Well"so to speak took place just before our arrival as residents. The HOA Board president was suprised by a no confidence petition and asked to resign mid term. Along with the Presidents ousting, other board members at the time resigned as well. There has been an air of indifference and bitterness since then. No one has volunteered for the board at the past 2 annual meetings. I volunteered 3 years ago. We have canvased the likely residents for volunteers and only one has stepped forward for consideration, this year. Call it apathy, carrying a grudge, indifference or what ever. We definitely have a problem. Our community has 70 town homes and you would think volunteers would come forward out of that number.
The question was posed by one reply as to why some of the board members are "burned out". I believe that one reason, is we have a chronic delinquent regime non-payment and have gone through the process of Leins,judgements and down to the wire on Foreclosure. These actions and processes are time consuming and can be draining on those involved. We are continually reminded of this dead beat at each monthly Financial "Aging Report". The problem persists. This resident is definitely a thorn in the side of our board.
I believe that investigating the Receivership option and presenting this to the residents, may shake the tree. I can only hope.

Well, good luck (based on my own experience, I know you'll need it!)

Between the antics of your former board president and the fact that running a HOA is a thankless job to begin with (everyone complains all the time, never offer to help and certainly don't say thank you when things manage to get done), I understand why people aren't enthused about serving. We have 156 units and the same problems (including the super deadbeat - actually we have two or three of them!)

As you identify and talk to people who might be willing to serve, this would be a good time to take a close look at how the Board operates. Perhaps you have one or two people who are doing all the work because no one else will - if so, now's the time to tell the board that there's more to this than showing up once a month. I don't expect the Association to take up everyone's free time, but these days being a HOA board member requires more than membership in, say, a neighborhood block club. The more people share the load, the easier it will be.

If you have a management company, you also need to see what they're doing and if you're getting enough bang for the buck. On one hand, it shouldn't be necessary for the Board to micromanage the property manager (another reason for burnout, by the way), but there are tasks the property manager should be able to take on because that's what you pay for. If you need something done and no one will volunteer, you may need to hire someone. Then tell the members - we need to do X and would rather have volunteers to take care of this to save money, but none of you would step forward and the work needed to be done, so.....we hired someone and this cost will be reflected in your assessments.

Not sure how in fact it works with the OP's property but we had a lawsuit filed agains our Board and one of the demands made was we be placed in receivorship.

My understanding the court would appoint someone (Lawyer, retired judge, some sort of professional) to oversee the day to day operations and the property would be required to pay the costs for this person's efforts.

Now understanding more than likely the person appoined would have no first hand knowledge of the property, the operation of that particular HOA common sense would tell you this process would be time consuming, expensive and not serve the property well.

Thankfully, the moron who filed this suit and his low life lawyer decided they had no chance of prevailing so they dropped the lawsuit aftet they realized we planned to defned the property.

In the OP's case I have mixed feelings. On the one hand I hate to see an entire property suffer on the other hand how do you feel bad if and when the entire Board resigns and the rest of the owners simply choose to stay uninvolved?

Seems from some recent threads this is becoming a more frequent problem.
What shocks me is in this case you have a property vote a no confidence vote against he serving President and then NONE of those finding fault have the interest to step up.

Now why wouldn't you have a line forming to take these jobs? While everyone else sits at home you attend meetings. When something happens people always look to you for solutions. And then they have the ability to second guess those decisions. When people have problems then you will be to blame. You volunteer your time to manage the real estate of others and what do you get back in return? And the position pays what??? ZERO

Sadly, for me, in today's world many people lack any appreciation for what people might do on their behalf. The attitude I have seen is this is YOUR job now hoiw they come to that conclusion is beyond me. I can see why so Boards might get to he point where they either quit or move off the property. Despite what others might suggest it is not a glamorus, powerful, ego building job. It is a job someone has to do if not the entire property suffers.

The truth is after 25 years of service I continue for one reason. This is my home and investment. I have long since given up the notion I do it for a majority of the other owners. Most couldn't care less. Most are clueless and most exhibit not one ounce of appreciation.

There always seems to be a small group who does more than their share while others sit back do nothing and or complain. Yes, I don't like the way things are done BUT I can't bother to waste my time like you do protecting MY property.

After all these years sort of spoils what you think about many people and their limitations as far as their own efforts go but the willingness to attack and question YOUR efforts on their behalf.

So IF I were on this Board I would stay on and do the work or put my place up for sale and let the ship sink.

Sad state of affairs which I would have to believe we will see more of...

Ed

Generally there are two ways to get people to run for the BOD.

I am pi$$ed and there needs to be change. Common enough on here.

The other way is an appeal to if you are happy and like it here then we need you to step forward to insure things contunue to run well. Without you, there will be no insurance some fools do not step in and hurt us.

I know a fellow that took a promotion when he was doing very, very well in his present position. When asked why he did it, he replied that he was afraid some a$$ might get the job and screw his life up so he wanted to protect himself. Made perfect sense to me...LOL

John you just hit the nail on the head. Problem is when people seek Board roles due to their being pissed many times that can be an unproductive addition. That agenda prevents them from any other work and they usually have tunnel vision.

The second class I call "seat warmers" someone who is willing o be on the Board fill and seat and do litle else. In our case simply to prevent drunks, loudmouths, senile, mentally impaired people from geting on o the Board. Not a hard job or much effort but sometimes takes all you can do to convince them of the threat posed if they decline.

We have 9 Board members with 3 doing almost all the real work. The rest are once a month Board members who "think" they actually provide more than a body to occupy a seat.

Whenever you ask for help or assitance most stare down at the ground, or suggest someone else would be better suited.

And then as suggested in another recent post here God forbid if a Board member is presented with a gift card or $30 flower arrangement as a way of saying thanks everyone jumps up and down and tells you why that should not happen. As one poster put it "no one deserves any thanks for doing their job". Even I guess if they work for YOU for free!

Sad state of affairs all around.

Well, thank you Jon - you've just given me the verbiage I plan to use at our board meeting this week!

I happen to be one of the few who do a ton of work for our association. I edit the newsletter, serve as treasurer and as our community's CAI representative. I have the newsletter printed and have hand delivered the thing (sometimes in bad weather because the other board members think it's too cold), meet with the association attorneys once a year to discuss delinquencies and an overall approach for the year. Last week, I attended a transportation forum at the local community development corporation because I wanted to hear about efforts (if any) to get more sidewalks in our community. All this while holding down a full time job and trying to take care of my one damn house.

I do all of this, only to see some board members blow off the meeting because they forgot (although the meeting's been the same time and day of the month for the last four years!) or they just sit there and hear what needs to be done, say "uh, ok" but don't offer to help do some research, make some phone calls or even accompany our property manager on the bi annual community walkthrough.

And like you, I get tired and wonder what will happen after I step down, but I've decided that I really can't worry about that anymore - I will continue to do what I can, but there are other people on the board that need to step up. And if they don't and the rest of the community can't be bothered, then maybe things really need to go to (poo!) before people wake up.

I say it's time to change your culture and shake some things up. I promise you a single change can make the whole HOA world turn on it's heals. We aren't talking being aggressive and writing up violations. I am talking about doing something like having a workshop on the rules or having a volunteer day. Ya just need to do something to get out of your comfort zone and improve the community. It may be as simple as planting community garden or having a day of clean up. Just do something. If they don't show up, then do something again. Like they say "You build it they will come". It's time to start building...

You are quite welcome. Just don't get you hopes up to much people might actually listen. In today's world you have far to many ignorant, lazy, useless human beings all willing to sit back and let someone else do the work.

Yesterday morning I met with a contractor to look a a possible leak in one of our water mains.

Then I met with a conractor to look over some repairs made necessary by recent wind storms.

Then I met with the newly hired cleaning contractor to see how their work was progressing.

After lunch I spoke with the contractor who will be coming here today to replace several sections fo gutters damaged with recent snow storms and ice buildup.

Then I went home went on line to order some replacement parts for our pool cover which were damaged by the snow.

Then at 7:30 went to the monthly Board meeting. Our managing agent who I spoke to during the day was ill. I suggested he stay home and we would handle the meeting. No sense making the trip when he was not feeling well.

Got home after the meeting sat down and wrote out an e-mail bringing the MC up to speed on what had happened and what he needed to follow up on as a result of the meeting.

Finally, I wrote out an e-mail to our engineer and informed him as to the decisions of the Board in regards to a project he wil be handling for us.

Then I was done fot THAT day. Today is another day.

And the eigh other Board members were either uninvolved or unaware of all of this and the more than 100 owners have not a clue.

And they like it that way because it requires NOTHING of THEM.

There is no magic pill to wake those up who are in a coma. Trying to do so is a waste of more of your time.

But I am one of those power hungry, uneducated, worthless, nasty, tough to get along with Board members that we hear so much about today.

Yes, I have to remind myself every day jus how LUCKY I am to have this job and responsibility each day. Lucky me!

Oh have to go the gutter guy just go here....................Time to break some laws, violate some people's Constitutional rights, steal some money, insult God and country, and do pure EVIL! What a good day it's going to be...............

In other news...I hadn't thought of doggie deterrent for the entire community, although I have used it in my own flower beds. Any suggestions on what might be used, how often it needs to be applied, etc? There are at least three places in my community where this could be a very good thing

Please be accurate ~ I stated:

"no one deserves any thanks for doing their job"

Toatally different meaning with the emphasis.

John below is your posting. In full. This in regards to whether HOA funds can or should be used to offer a gift card or flowers as thanks to someone who has given their time. Hopefully, your own words will speak for themsleves in regards to those who might give of their time to manage "YOUR" property.

JohnB26
(South Carolina)

Posts:714
01/10/2013 9:49 PM Quote Reply

NO ONE 'DESERVES' THANKS FOR DOING THEIR JOB

EVERYONE MERITS ADEQUATE SALARY FOR DOING THEIR JOB

IF ONE HAS VOLUNTEERED, A JOB WELL DONE IS THANKS ENOUGH

THERE ARE, IN FACT, PLACES WHERE TIPPING IS 'VERBOTEN'

Unless there is a line item in the member approved budget 'tipping' would consitute theft of funds bordering upon embezzelment (depending on $$$$ state law)

I am the treasurer for my hoa ~ if someone offered me a gift i would be insulted.

Our HOA does hold an annual catered (in house) 'volunteer dinner' which is a dedicated and voted on line item in our budget.

JonD1;

'deserves' ~ in quotes

'.....voted on line item in our budget.' ~ the key being: specifically authorized by the membership

would you spend $1000 unauthorized? $500? $100? $30? 50 cents?
unauthorized is unauthorized

"""IF ONE HAS VOLUNTEERED, A JOB WELL DONE IS THANKS ENOUGH"""

I am in fact an officer of my association .... elected by the members .... entrusted with their funds .... frugal to a fault .... knowledgeable enough to know that the absolute lowest bid is seldom the lowest total cost over time.

We have several committees comprised of volunteers ... grounds ... pool ... clubhouse ... architectual review ... activities ... + a few 'sub' committees.

I believe we are all appreciated by the members ... who show it by allocating their funds (via a SEPERATELY voted line item in the VOTED budget) to have a catered dinner once a year at our clubhouse.

NO ONE, repeat NO ONE, would even think constant 'thank yous' and or gifts were necessary.

Just remember: ONE aw ka-ka wipes out 1000 'atta-boys'.

Work hard ... do well ... support your community ... thank YOURSELF.

OUTSTANDING!