Reigning in board in new building

Started by HomE • 1 replies • 881 views

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HomE (Washington)
Posts: 29

Posted:

I moved in to a new building recently. We've had some really big issues with board. Someone resigned another was booted off. The board then appointed who they wanted. We've since shown that pretty much all of the past elections were flawed. To make it worse, few people are happy with the board performance. Nothing has really been done up to this point and the property is close to 2 years old.

The board has decided that the bylaws we have (they're terrible) say that there's going to be a re-election of some of the seats though the rule we use for quorum is unlikely to be met. They're appointing folks in the interim even though the power in the bylaws doesn't let them forego the election. They also have enough members as is for qourum so it seems less than on the up and up what they're doing.

I have thought of using the rules to remove one or more of them, but it seems like they would just re-appoint themselves.

We have an annual meeting coming up. The agenda is being built by the board as it is at every meeting. My questions I guess are as follows:

How can I put forward motions in a meeting where I don't make the agenda to remove someone?
How do I put forward rules changes at the general meeting or ad hoc meetings?

Any general advice on how to get things moving forward would be appreciated.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

HOM

You asked:
How can I put forward motions in a meeting where I don't make the agenda to remove someone?
How do I put forward rules changes at the general meeting or ad hoc meetings?

Basically you can do neither one.

Typically how one makes changes (aside from legal action) is the get a BOD Elected that reflects one's thinking including getting yourself elected.

BOD Members can be recalled via a Special Meeting. It is a long, drawn out procedure and fails more then it succeeds.

Typically when there is not a Quorum at the Annual Meeting there can be no business done which in part means no BOD elections. Those presently on the BOD, stay on the BOD. A BOD can fill vacancies created by say resignation, death, etc. Those appointed usually fill the vacant seat until the next BOD election or for the term of the person they replaced. Those appointed by the BOD can be recalled/dismissed by the BOD.

Do not confuse Rules with Covenants/Bylaws. Typically the owners must vote to change Covenants/Bylaws. BOD's can make Rules & Regulations as long as they do not counteract the Covenants/Bylaws. BOD's can also change/eliminate R&R's from prior BOD's. Some Covenants/Bylaws do have a method for owners to put forth Covenant/Bylaw changes to be voted on by fellow owners. Read your own Docs to find out if such exists.

Experience shows the best way to make changes is to gather support from fellow owners and elect BOD Members more in line with your own thinking. You cannot wish for this. You must work to bring it about. In one HOA, it took us two elections cycles of hard work by a dedicated group to change the members and direction of the BOD.

Read and understand your Covenants and Bylaws. Most answers are there.

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