Recruitment principles in bylaws?

Started by AdrienneP • 10 replies • 1323 views

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AdrienneP (Washington)
Posts: 28

Posted:

Hello, another query from a conflict-ridden HOA in WA.

This time I'd like your opinions as to whether it could ever be appropriate to include a general statement in the bylaws to the effect that recruitment procedures for staff must be conducted in an open (published) and competitive manner.

Unsurprisingly, given the question, the problem we are having is that managers have been appointed by the BOD in recent years without any open or competitive process (or any consultation with the membership as was previously done on a voluntary basis). This has created considerable dissatisfaction and conflict within the community.

What I personally am wondering (as an involved member, but not of the BOD) is whether it would be advisable/highly unusual to write the aforementioned general principle of open competition into our bylaws. I realize that HR procedures are typically a Board policy matter, but I see this more as a statement of principle rather than detailed procedure, which would be left to Board policy.

Many thanks for your opinions on this matter!

NpS (Pennsylvania)
Posts: 4,216

Posted:

Are you saying that you would like jobs openings publicly posted? Or are you asking for something more?

Sikubali jukumu. Read all posts at your own risk.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I think it would be unusual to see that within the Bylaws.

However, a policy resolution on the hiring process for positions (including job descriptions, notice requirement, etc.) would be appropriate.

That said, you need to do what you need to do for your Association.

It may be easier to simply gather support and gain a few seats on the Board then gathering the support necessary to amend the Bylaws.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Typically, once a board is elected by the general membership, the officer positions are elected amongst the board members. This is usually already part of the process of elections. Board members appoint amongst themselves at will. If that will is influenced by competition so be it. However, it's kind of an unwritten thing. For us it was if you were breathing and a member of the HOA you were good. Otherwise, your closest competition was dead... and a dead horse at that...

Former HOA President

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MelissaP1 on 04/17/2016 6:14 AM
Typically, once a board is elected by the general membership, the officer positions are elected amongst the board members. This is usually already part of the process of elections. Board members appoint amongst themselves at will. If that will is influenced by competition so be it. However, it's kind of an unwritten thing. For us it was if you were breathing and a member of the HOA you were good. Otherwise, your closest competition was dead... and a dead horse at that...

And how exactly does your post answer the OP? They are talking vendors or employees and talking about officers?

KerryL1 (California)
Posts: 14,550

Posted:

Please remind us Adrienne: How many homes in your HOA? How many on the Board? How many managers? I do recall you have in-house mgmt., i.e., you do not work through a mgmt. co.

I suppose you could have an article in your bylaws or CC&Rs requiring the board to get three bids for anything over $xx,xxx annually. But to have Owners sit in on interviews
(an "open" process) and permit Owners to review the proposals goes, imo, too far.

I don't know about WA, but in CA Boards may legally interview and later discuss proposals in Ex Sess. Is one issue that your "Executive committee" only would interview, when you feel all directors should be involved?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Adr

The BOD was elected to operate the association. They do not need members looking over their backs. If you do not like who they hired, than get on the BOD and have the power to fire them.

AdrienneP (Washington)
Posts: 28

Posted:

Hello there, I apologize for not following up on this post of mine. HOA participation plus everything else makes for a very full life!

Yes, what I would be interested in is having all job openings publicly posted. A policy resolution is the other alternative (to the idea of a bylaw mandate), but the issue there is that each Board can change the policies with such ease that they are hardly worth having.

We have 3,200 properties in the HOA, and 8 board members plus President. The issue is (and of course this is opinion), our HOA is dominated by a cabal that has traditionally been weak on transparency issues and seems to have got a lot worse in recent years. We "opposition" hope to gain a Board majority in the next election, but we are mostly working folks spread thinly, so the issue is how to tie the HOA down somewhat more on governance issues so that future Boards have to operate within a more rules-bound, transparent framework.

Hence my query about staff recruitment. We could, of course, approve a policy, but it's rather pointless as our group would want to conduct business that way anyway. The issue is what comes after us....

Thanks for any further opinions!

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By AdrienneP on 04/27/2016 2:03 PM
We could, of course, approve a policy, but it's rather pointless as our group would want to conduct business that way anyway. The issue is what comes after us....

It may be hard to initiate transparent policies, but once established, much harder to reverse the process IMO.

Sikubali jukumu. Read all posts at your own risk.

AdrienneP (Washington)
Posts: 28

Posted:

Thanks, NpS, thing is that it only takes a Board majority to change a policy. So we could introduce that policy and have it overturned easily if those of a different perspective regain the majority. That's why I was interested in the bylaws. I think that public posting of all positions would be a major step towards transparency (though it's not the only one I'd like to see introduced), and I'd rather it have to be overturned by a majority of voting members than a majority of the Board (= just 5 people)...

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By AdrienneP on 04/27/2016 8:52 PM
Thanks, NpS, thing is that it only takes a Board majority to change a policy. So we could introduce that policy and have it overturned easily if those of a different perspective regain the majority. That's why I was interested in the bylaws. I think that public posting of all positions would be a major step towards transparency (though it's not the only one I'd like to see introduced), and I'd rather it have to be overturned by a majority of voting members than a majority of the Board (= just 5 people)...

My point is that once you establish an open policy, hard to reverse it. Not because board members can vote to reverse it. But because homeowners won't want it reversed.

Example: In my HOA, we don't publish meeting minutes. Anyone can request inspection - but no one ever does.

When I first tried to get this changed a couple of years ago, I got too much resistance - So I decided to wait til the old board members were gone.

Board membership has now changed. I think it's time to put it to a board vote again. Will probably pass.

But once we let the cat out of the bad, I think a later board will have a difficult time reversing it. Sure they can vote for things to go back to the old way. But I don't think the homeowners would put up with it.

And if the homeowners do put up with it, then might not have been as important as I thought it was originally.

Sikubali jukumu. Read all posts at your own risk.

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