HOA Board

AM3 (Georgia)
Posts: 29

Posted:

It has been discovered in the by-laws for our association is that the "president" of our board is one of the 7 board of directors as determined by the attorney representing the homeowners.

And the president was not appointed by the current board-the president has stayed in place for 15 years with their 3 friends on the boar.

W have made the decision to move toward "removal" of the board per our attorney.

Has anyone ever filed a court injunction to remove a president?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

George

You said: It has been discovered in the by-laws for our association is that the "president" of our board is one of the 7 board of directors as determined by the attorney representing the homeowners.

Typically the attorney for an association is the BOD's attorney, not the homeowner's attorney. I have never heard of anybody appointing the President except when under developer control. Typically owners elect the BOD Members then the BOD Members elect its Officer from among themselves. The BOD can also call for election of its Officers anytime they desire to.

Members of and/or the entire BOD can be recalled by the owners. That said, it is a long and time consuming procedure which usually fails or gets tied up in court by those being recalled thus a recall is rarely successful. An easier way to bring about change is to mount a campaign to get people elected to the BOD that think like you do come BOD election time. I say work toward getting like thinkers elected to the BOD versus a recall.

One side note. Anybody appointed to the BOD (usually to fill a vacancy) by the BOD, can be recalled by the BOD alone.

KerryL1 (California)
Posts: 14,550

Posted:

AM, can you give us the exact wording about the attorney appointing the Board (directors) and also the attorney appoints the president?

Usually, too, Boards are removed in two ways: 1. a recall election. 2. an annual election.

I'm thinking that what you've written, AM, just doesn't make a sense. Pleae start over with more details, for instance, how old h is your HOA, i.e., is it still controlled by your developer?

TimB4 (Tennessee)
Posts: 21,059

Posted:

AM,

Is the Association under Declarant control (developer still in charge) or homeowner control?

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By AM3 on 07/20/2017 11:52 AM
It has been discovered in the by-laws for our association is that the "president" of our board is one of the 7 board of directors as determined by the attorney representing the homeowners.

And the president was not appointed by the current board-the president has stayed in place for 15 years with their 3 friends on the boar.

W have made the decision to move toward "removal" of the board per our attorney.

Has anyone ever filed a court injunction to remove a president?

So far nobody responding appears to have filed an injunction to remove the president.

Your first sentence is very unclear. Do you mean to say "that your attorney has determined that the bylaws specify a 7 member board with the president being one of the members" or "that the attorney determines who the president is".

Generally homeowners elect board members (7 in your case), and the board then elects officers, including president. If the president and 3 other board members agree that he should president, that seems enough votes to keep him in that position.

As John mentioned, it is generally a lot easier to elect new board members at the annual meeting than to put forth a recall effort, but if you have an attorney advising you and follow the procedure correctly, go for it.

Note that if a majority of owners are happy with the present board composition, they can re-elect the same people at the next election.

Escaped former treasurer and director of a self managed association.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By AM3 on 07/20/2017 11:52 AM
It has been discovered in the by-laws for our association is that the "president" of our board is one of the 7 board of directors as determined by the attorney representing the homeowners.

And the president was not appointed by the current board-the president has stayed in place for 15 years with their 3 friends on the boar.

W have made the decision to move toward "removal" of the board per our attorney.

Has anyone ever filed a court injunction to remove a president?

So far nobody responding appears to have filed an injunction to remove the president.

Your first sentence is very unclear. Do you mean to say "that your attorney has determined that the bylaws specify a 7 member board with the president being one of the members" or "that the attorney determines who the president is".

Generally homeowners elect board members (7 in your case), and the board then elects officers, including president. If the president and 3 other board members agree that he should president, that seems enough votes to keep him in that position.

As John mentioned, it is generally a lot easier to elect new board members at the annual meeting than to put forth a recall effort, but if you have an attorney advising you and follow the procedure correctly, go for it.

Note that if a majority of owners are happy with the present board composition, they can re-elect the same people at the next election.

Escaped former treasurer and director of a self managed association.