What do you do when board members resign

Started by LornaR • 3 replies • 1314 views

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LornaR (Ohio)
Posts: 28

Posted:

Our board members consist of a mother and daughter the by laws state there are to be 3 members. The members of the community have asked them to resign due to neglect of handling the monies and property. can someone tell me the guidelines if no one is in charge what to do, do we call elections just appoint someone temporaliy and how do we legaly obtain the financial records and books.

PenyW (Pennsylvania)
Posts: 43

Posted:

Lorna, get copies of your Declaration, By-Laws, Rules Etc. There should be specifics on calling a special meeting, removing Board members, etc. I know that some of these documents are painful to get through, but if you want to change the Board, you must do it according to your documents.

In our community, we needed 10% of the homeowners to sign a petition requesting a special meeting. Removal of a Board member can be the purpose of the meeting. In our case, you must have every item to be discussed laid out in the agenda beforehand.

Another important consideration is who will replace the Board member or members that you wish to remove? It's a good idea to have some willing candidates ready to step in when the old Board is removed, or you'll end up with an even bigger mess than you have now.

Good luck.

Peny

LornaR (Ohio)
Posts: 28

Posted:

Penny thank you, I have no idea where to find the By laws I was not one of the original owners. I went to the recorders office and the only thing they have on file is the deed restrictions.All the home owners have copies of the deed restricitons but not of the by-laws. There are folks ready to step into the spot and be memebers. The current BOD the mother and daughter will not let anyone view the financial records,people believe they are stealing and with good reason. A petition has already went thru the neighborhood asking for their resignation. I beleive they will resign, but am not sure how do we appoint these folks willing to step in. Do we hold a special meeting and then vote? I am being asked to step in. I want to help but I have just lived here 6 months and have no idea how to operate an HOA. I want to help I want peace in my neighbor hood again. any advise you have any web sites or laws you can give me would be most appreciated. I am in Ohio

MicheleD (Kentucky)
Posts: 4,491

Posted:

Lorna:

Do a search in the database of your state's Secretary of State's office. You can do that online in MOST states.

You will need the name of the Association and plug that in to the business record search.

Once you locate that record in the database, you can request a copy of the By-Laws. In some cases you may have to pay a nominal document processing fee.

The By-laws is generally where the nuts and bolts of elections, number of board members, officer designations, timing and notifications of meetings, etc. are contained.

Three seems like an awfully small number of board members. Almost all boards are required to have at LEAST a President, Vice President, Secretary and Treasurer.

Good luck to you.

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