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MichelleM4 (Michigan)
Posts: 19
Posted:
We had 3 members on our BoD. I was not present at the annual meeting, but prior to it, the President sent out an email stating that BoD positions were open. I sent an email expressing interest in being considered for the BoD. I had a meeting come up at work, and was unable to attend the meeting.

From the meeting minutes I received, they went through the normal agenda items, which included approving 2017 dues. After this, the meeting minutes state that the entire BoD resigned. It also states that I put my name forward. However, the minutes do not reflect a vote / outcome. (My neighbor was there and said they all agreed I would be on the Bod.)

The outgoing BoD believes I am the new President, even though I have never officially accepted anything. In any case, I have attempted to contact the old BoD for a transition meeting and an exchange of the association books, as well as to update the bank account signature card. Every member of the old BoD refuses to meet with me. All they have agreed to do is to take their names off the bank account. These people have been on the board for 5+ years. I have no idea what I may be inheriting, and wanted a transition meeting so that I could ask questions.

I am concerned that I will receive binders that have no information in them, or will inherit financial issues (e.g. bills never paid), as this BoD has not been transparent at all (which is why I originally considered being part of the BoD.) Again, a meeting could ease these concerns, but without it, who knows what I might inherit.

Do I just walk away at this point? Suggestions appreciated.

(Our HOA is comprised of 12 co-owners and is located in Michigan.)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Go for it! You got full range if you ask me. They all walked away. If they don't like what is going on, they will then be demanding a meeting with you. Otherwise, I say it's time to take a hold of those free reigns and ride!!!

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Michelle,

Ask for the records from the individuals.
Appoint those who you believe will be as transparent as you expected your last board to be and move on with the work.

Every new Board member has the potential to inherit issues (known and unknown).
All they can do is work through them.

My advice, do the best you can.

The first thing for the Board will be to look at the finances and make sure that they are in order as taxes, Form 1120-H by the 15th day of the
3rd month after the end of its tax year. Expecting your Association uses a Calendar Year, that means that taxes will need to be filed by March 15th.

AugustinD
Posts: 5,144
Posted:
From history with my former HOA, I believe the first thing you should do is rebuild the board, one director at a time. If possible, have your manager present during any deliberations, and ask him/her to record minutes. First, check your governing documents to see whether directors have to be members of the HOA. Second, ask another person to serve on the board, and if they accept, you appoint the person to the board. Then the two of you decide on a third person to invite to be on the board, and appoint this person (if they are willing).

Next, consult with the manager about the status of finances. If there's money available to hire a HOA attorney, contact the HOA attorney and ask how you can obtain records from the former directors. In parallel with this, submit letters of demand to the former directors, asking them to return all HOA records and HOA property, or legal action will be taken.

You and the other new board members should consider being in phone contact with the attorney regularly until you all get things on track.
SheliaH (Indiana)
Posts: 6,964
Posted:
Tim and AugustinD's suggestions are great places to start. Since this sounds like your first go round on a HOA board, I'd also suggest going to the community associations institute (CAI) website and take a look at some of their materials you might order - lots of good stuff for new HOA boards, budgeting, rules enforcement and other stuff you'll have to deal with. If you get other people to serve on the board with you, all of you should review the material. Better yet, the website also has on demand webinars on various subjects you can all review and there may be a local chapter in your area that sponsors them.

I don't know why the previous board isn't being cooperative, but you also said they haven't been very transparent, so who knows what they've been doing. A sit down with the property manager may provide some insight - and you might also need to have the financial books audited to ensure the money isn't funny (if it is, the association attorney may have another task in going after the previous board).

Sending a letter to all homeowners asking for volunteers may also bring out some people - tell this this is great opportunity to play a role in making the community whatever the homeowners want it to be. Even if people don't want to be on the board, they might be interested in serving on some sort of advisory committee that can do some research for the board while you're getting your feet wet. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SueW6 (Michigan)
Posts: 814
Posted:
You have the minutes of the past meetings and the checkbook. Good to go.

It's more important that you communicate with the homeowners now than trying to play catch-up with the past board.

PS Our bylaws state that immediately after the election, all records are to be handed over to the new board/officers.

What do your bylaws say? You should know them backwards and forwards for your new role.
MichelleM4 (Michigan)
Posts: 19
Posted:
Thank you all for the advice. I have taken many of your suggestions into consideration. Unfortunately, the State of Michigan, nor my local City have any jurisdiction over our association, and told me they are unable to help. That being said, I was able to convince my neighbor to step up as Treasurer. We have transferred the account into our names. Although the outgoing BoD refuses to answer any questions and literally dropped the Treasury binder into my lap (the Secretary's binder is MIA) and took off, we are looking into the finances. Our initial investigation has revealed we don't have the reserve the old BoD always touted ($$ was spent on discretionary items, thus draining the reserve). We have also noticed the budget they approved does not consider maintenance of certain common elements, of which we are responsible. We will be looking into the existing contracts, trying to build back the reserve, and addressing issues that have been lingering for up to 7 years (with the old BoD). Although we have some large work ahead, it will probably be easier with a small BoD, who will focus on issues one at a time and work to resolve them. As one poster suggested, we have a blank slate. Thanks again for the advice!
ND (PA)
Posts: 792
Posted:
With only 12 co-owners in your HOA, I'd also suggest trying to gain as much support as you can from the remaining owners. I assume the 3 previous BOD members are a lost cause, but if you can get the other 7 (or at least a majority of them) in your corner, that will go a long way toward helping you (and the HOA for that matter) be successful.

Good luck.
ND (PA)
Posts: 792
Posted:
I calculated incorrectly . . .

If you can get the other 8 (or at least a majority of them) in your corner, that will go a long way toward helping you (and the HOA for that matter) be successful.

Good luck.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hmmm ... If you were the only one elected at the ANNUAL MEETING and you can have a BOD of three Owners. Guess what ... you potentially can "appoint" your other two BOD members. Yep .... as general rule those other two get to serve the remaining term for the position appointed. If I were you I would take that ball and RUN!!!

You appear to care for what happens to your HOA and appear willing to learn. There are many avenues to learn including your governing documents, state laws, and this website from others who have walked many miles in your shoes. Find you two other owners who you feel would properly represent all the Owners equally ... then RUN!!!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I say she can appoint one person and then the two of them can appoint another thus a BOD of 3.

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