JackT1 (Alaska)
Posts: 41
Posts: 41
Posted:
Where are rules found for this?
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Replacing a Board
Started by JackT1 • 6 replies • 1598 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It's all in your documents. It should be in the CC&R's.
However, I give fair warning on this issue. Replacing the board isn't always the answer. No one is ever going to be "good enough" to run a HOA. I've never met a board member who hasn't been knocked around or accused of unequal treatment. It's the nature of the beast. No matter how fair or as close to the rules I followed, there was always someone there to complain.
If you feel your board needs replacing, make sure there are other people willing to take on the job of replacing them. It may be great to get rid of the "power hungry" but if you have no one else willing to take the job, what did you achieve? Chaos.
It has been my experience that it takes about 2 years for the faults or the improvements of a board to show. There are NO professional HOA people. The people involved in their HOA's are soccer moms and retired military people. Very few professionals get involved. It's pretty stressful and a VOLUNTEER only position. I wouldn't expect a new board to get anything organized until a good 6 months into their term. By the end of the first year, things may just get under control before elections show up.
I suggest making a list of what you don't like about your board. Take that list and discuss it with other members to see if they agree. If there is a consesus, then address some of those issues withe board. Let them know where their problem areas could be. It may be better to work with what you got than create more confusion.
However, I give fair warning on this issue. Replacing the board isn't always the answer. No one is ever going to be "good enough" to run a HOA. I've never met a board member who hasn't been knocked around or accused of unequal treatment. It's the nature of the beast. No matter how fair or as close to the rules I followed, there was always someone there to complain.
If you feel your board needs replacing, make sure there are other people willing to take on the job of replacing them. It may be great to get rid of the "power hungry" but if you have no one else willing to take the job, what did you achieve? Chaos.
It has been my experience that it takes about 2 years for the faults or the improvements of a board to show. There are NO professional HOA people. The people involved in their HOA's are soccer moms and retired military people. Very few professionals get involved. It's pretty stressful and a VOLUNTEER only position. I wouldn't expect a new board to get anything organized until a good 6 months into their term. By the end of the first year, things may just get under control before elections show up.
I suggest making a list of what you don't like about your board. Take that list and discuss it with other members to see if they agree. If there is a consesus, then address some of those issues withe board. Let them know where their problem areas could be. It may be better to work with what you got than create more confusion.
Former HOA President
BradD2 (Florida)
Posts: 418
Posts: 418
Posted:
Most are found in your documents but you can also find the rules in Florida which superceed those in FS 720.303.10 at http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm
FS 720.303.10 says:
(10) RECALL OF DIRECTORS.--
(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.
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.
(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.
2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).
3. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. However, in no event is a written agreement or written ballot valid for more than 120 days after it has been signed by the member.
4. Any rescission or revocation of a member's written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots.
5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall.
(c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose.
2. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph (d).
(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the department a petition for binding arbitration pursuant to the applicable procedures in ss. 718.112(2)(j) and 718.1255 and the rules adopted thereunder. For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days after the effective date of the recall.
(e) If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or in the association documents. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection.
(f) If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the member recall meeting, the recall shall be deemed effective and the board directors so recalled shall immediately turn over to the board all records and property of the association.
(g) If a director who is removed fails to relinquish his or her office or turn over records as required under this section, the circuit court in the county where the association maintains its principal office may, upon the petition of the association, summarily order the director to relinquish his or her office and turn over all association records upon application of the association.
(h) The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. The minutes must record the date and time of the meeting, the decision of the board, and the vote count taken on each board member subject to the recall. In addition, when the board decides not to certify the recall, as to each vote rejected, the minutes must identify the parcel number and the specific reason for each such rejection.
(i) When the recall of more than one board director is sought, the written agreement, ballot, or vote at a meeting shall provide for a separate vote for each board director sought to be recalled.
In order to recall a member of the board you must get the written signatures of the majority of the general membership. That means going door to door talking to people and getting their backing. While you are out doing that it is probably a good time to ask if they want to grant you their voting power in the form of a proxy. This means that you cast their vote for them as well as your own. If done properly you can hold the majority of the member votes yourself regardless of the number of people that show up to the meeting.
If you recall a minority of the board, the remaining board appoint the replacements; if you recall a majority of the board the general membership appoint the replacements. No good comes of recalling a board without having willing replacements for them that will do a better job. If you just recall the board just to spite them then you are only harming the Association as a whole.
Check your governing documents regarding the election of board members. Does it allow for proxies to be used? Read and then reread Florida Statute 720 from top to bottom so that you know what is required. The Florida Department of Business and Professional Regulation is the agency that governs Associations and will be the group that you appeal to if the existing board does not comply.
FS 720.303.10 says:
(10) RECALL OF DIRECTORS.--
(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.
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.
(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.
2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).
3. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. However, in no event is a written agreement or written ballot valid for more than 120 days after it has been signed by the member.
4. Any rescission or revocation of a member's written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots.
5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall.
(c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose.
2. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph (d).
(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the department a petition for binding arbitration pursuant to the applicable procedures in ss. 718.112(2)(j) and 718.1255 and the rules adopted thereunder. For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days after the effective date of the recall.
(e) If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or in the association documents. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection.
(f) If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the member recall meeting, the recall shall be deemed effective and the board directors so recalled shall immediately turn over to the board all records and property of the association.
(g) If a director who is removed fails to relinquish his or her office or turn over records as required under this section, the circuit court in the county where the association maintains its principal office may, upon the petition of the association, summarily order the director to relinquish his or her office and turn over all association records upon application of the association.
(h) The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. The minutes must record the date and time of the meeting, the decision of the board, and the vote count taken on each board member subject to the recall. In addition, when the board decides not to certify the recall, as to each vote rejected, the minutes must identify the parcel number and the specific reason for each such rejection.
(i) When the recall of more than one board director is sought, the written agreement, ballot, or vote at a meeting shall provide for a separate vote for each board director sought to be recalled.
In order to recall a member of the board you must get the written signatures of the majority of the general membership. That means going door to door talking to people and getting their backing. While you are out doing that it is probably a good time to ask if they want to grant you their voting power in the form of a proxy. This means that you cast their vote for them as well as your own. If done properly you can hold the majority of the member votes yourself regardless of the number of people that show up to the meeting.
If you recall a minority of the board, the remaining board appoint the replacements; if you recall a majority of the board the general membership appoint the replacements. No good comes of recalling a board without having willing replacements for them that will do a better job. If you just recall the board just to spite them then you are only harming the Association as a whole.
Check your governing documents regarding the election of board members. Does it allow for proxies to be used? Read and then reread Florida Statute 720 from top to bottom so that you know what is required. The Florida Department of Business and Professional Regulation is the agency that governs Associations and will be the group that you appeal to if the existing board does not comply.
PaulM (Pennsylvania)
Posts: 1,347
Posts: 1,347
Posted:
JackT1:
You have been posting many good questions to this forum, but to get the correct answers you need to understand the importance of consulting your own community's legal documents--Declaration, Bylaws, and any Rules & Regulations that your Board has initiated.
Note: These documents (Declaration/Bylaws) must be legally recorded with the county office in which you reside. If you were not given a copy when you bought your unit, you need to request from the county office.
Whenever we, personally, have a concern over how OUR OWN community is being managed whether its over financial issues, violations, or any rule that the Board is infringing on residents, we must refer to our documents to learn what is allowed vs. what is being done that goes against the documents.
Another resource would be to refer to your state's 'Planned Community Act' or the 'Condo Act'. This is what your community's documents are based on. You can access info by the site: Community Associations Network (in yellow to the right of this screen) and key in your state.
There are many good people on this forum who can assist with current problems, but it is to your benefit to know first and foremost what your documents state regarding the issue. It is commendable that you have a strong concern over how your community is being run and it may be that you would be a good candidate for the Board at election time. But, to know your documents is the greatest thing you can do for your community and yourself.
Good Luck to you!
You have been posting many good questions to this forum, but to get the correct answers you need to understand the importance of consulting your own community's legal documents--Declaration, Bylaws, and any Rules & Regulations that your Board has initiated.
Note: These documents (Declaration/Bylaws) must be legally recorded with the county office in which you reside. If you were not given a copy when you bought your unit, you need to request from the county office.
Whenever we, personally, have a concern over how OUR OWN community is being managed whether its over financial issues, violations, or any rule that the Board is infringing on residents, we must refer to our documents to learn what is allowed vs. what is being done that goes against the documents.
Another resource would be to refer to your state's 'Planned Community Act' or the 'Condo Act'. This is what your community's documents are based on. You can access info by the site: Community Associations Network (in yellow to the right of this screen) and key in your state.
There are many good people on this forum who can assist with current problems, but it is to your benefit to know first and foremost what your documents state regarding the issue. It is commendable that you have a strong concern over how your community is being run and it may be that you would be a good candidate for the Board at election time. But, to know your documents is the greatest thing you can do for your community and yourself.
Good Luck to you!
hoatalk (California)
Posts: 603
Posts: 603
Posted:
Here's an article by one of our sponsors:
http://www.imakenews.com/ortenhindman/e_article000828040.cfm?x=b9GcfhM,b4fWT1Ns
(paste that link into your browser address line. highlight it...right click...copy...then right click ... paste.)
Replacing the Board is no silver bullet to solve problems. Also be prepared with WHO you will replace them with. Remember these are volunteer positions and you will need other volunteers to fill them.
You may be better served to begin by volunteering your time to help the board first. Sometimes it's easier to faciliate change from the inside.
Best Regards,
HOATalk.com
http://www.imakenews.com/ortenhindman/e_article000828040.cfm?x=b9GcfhM,b4fWT1Ns
(paste that link into your browser address line. highlight it...right click...copy...then right click ... paste.)
Replacing the Board is no silver bullet to solve problems. Also be prepared with WHO you will replace them with. Remember these are volunteer positions and you will need other volunteers to fill them.
You may be better served to begin by volunteering your time to help the board first. Sometimes it's easier to faciliate change from the inside.
Best Regards,
HOATalk.com
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JackT1 (Alaska)
Posts: 41
Posts: 41
Posted:
I have volunteered. Treasurer asked for people to get involved. I got no response.
JackT1 (Alaska)
Posts: 41
Posts: 41
Posted:
I haved talked to people in HOA and no one wants to get involved. I gave them my card with email address, phone number, etc. It seems no one here is committal on anything. If no one cares, what do you do to achieve an objective?
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