PatriciaC4 (Colorado)
Posts: 1
Posts: 1
Posted:
How can a person be elected as President of the Board when that person is behind quite a bit of money on property owned?
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Started by PatriciaC4 • 8 replies • 1340 views
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MikeS1
Posts: 521
Posts: 521
Posted:
See your docs where it references "member in good standard". You're right but need more detail.
MikeS1
Posts: 521
Posts: 521
Posted:
Correction - "member in good standing".
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You can be elected without being in good standing if your documents do not specify. Plus the board itself elects the officer positions many times. You can be elected if your behind in dues as long as a majority of qualified voters vote for you even if you can not vote for yourself. However, who is going to vote for someone behind in dues or does not have a point?
Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You can be elected without being in good standing if your documents do not specify. Plus the board itself elects the officer positions many times. You can be elected if your behind in dues as long as a majority of qualified voters vote for you even if you can not vote for yourself. However, who is going to vote for someone behind in dues or does not have a point?
Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
You can be elected without being in good standing if your documents do not specify. Plus the board itself elects the officer positions many times. You can be elected if your behind in dues as long as a majority of qualified voters vote for you even if you can not vote for yourself. However, who is going to vote for someone behind in dues or does not have a point?
Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Patricia, do you mean the president is behind on mortgage payments? Or on HOA dues? If the latter, then you want to know if your documents--as Mike & Melissa point out--say that the Board's officers must be in good standing, i.e., current on their dues. You also want to see if the board's directors must be in "good standing."
If your docs, usually it would be in your bylaws, are silent and your HOA is incorporated, your state's corporations codes may have such a requirement.
The directors on a Board generally select or elect the Board's officers from among the directors, the HOA owners generally do not.
With Melissa, I can't imagine why a Board would elect someone as Board prez is the person is behind on their dues, owes fines, etc., UNLESS the delinquent owner is in a Bboard-approved payment program and is catching up on the delinquent dues.
If your docs, usually it would be in your bylaws, are silent and your HOA is incorporated, your state's corporations codes may have such a requirement.
The directors on a Board generally select or elect the Board's officers from among the directors, the HOA owners generally do not.
With Melissa, I can't imagine why a Board would elect someone as Board prez is the person is behind on their dues, owes fines, etc., UNLESS the delinquent owner is in a Bboard-approved payment program and is catching up on the delinquent dues.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Patricia,
The association must comply with what is or is not within it's governing documents and applicable laws.
If you governing documents have nothing specified that a Directors must meet in order to serve (like having assessment payments be current or even being a member of the Association), then there is nothing preventing that person from serving on your Board.
Therefore, my question to you is, do your governing documents or applicable State laws specify any requirements for an individual to serve on your Board?
The association must comply with what is or is not within it's governing documents and applicable laws.
If you governing documents have nothing specified that a Directors must meet in order to serve (like having assessment payments be current or even being a member of the Association), then there is nothing preventing that person from serving on your Board.
Therefore, my question to you is, do your governing documents or applicable State laws specify any requirements for an individual to serve on your Board?
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Because people (voters) are stupid and apathetic.
whether or not there is a rule about it doesn't matter to me. When voters go out and elect someone to a POSITION OF TRUST AND RESPONSIBILITY (ie, the board) who has amply demonstrated that they can't be trusted to their word, bond, or commitments, and are obviously not responsible, what other explanation is there beside rampant stupidity or apathy?
Like many things in life, the answer lies in the mirror for most people.
whether or not there is a rule about it doesn't matter to me. When voters go out and elect someone to a POSITION OF TRUST AND RESPONSIBILITY (ie, the board) who has amply demonstrated that they can't be trusted to their word, bond, or commitments, and are obviously not responsible, what other explanation is there beside rampant stupidity or apathy?
Like many things in life, the answer lies in the mirror for most people.
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