ShirleyT1 (Michigan)
Posts: 1
Posts: 1
Posted:
If the president of the Board of Directors is so behind in their association fees, a lein was placed in order. My question is what rights do they have as a president?
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Bad president
Started by ShirleyT1 • 10 replies • 918 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Your documents should have the answer to that - pull them out and read them. Usually if anyone (including board members) fall behind in their assessments, they lose their voting rights until they make the account current. If the homeowner is on the board, that should mean they can no longer serve.
So, where's the rest of your board in all this? They should have taken a vote to remove the president from that position and then the president should step down as a board member because he/she is no longer eligible to serve. If they can't or won't take action, you and the rest of the homeowners should take steps to do a formal recall (and you might have to take some of the other board members with the president if they couldn't do what's necessary).
So, where's the rest of your board in all this? They should have taken a vote to remove the president from that position and then the president should step down as a board member because he/she is no longer eligible to serve. If they can't or won't take action, you and the rest of the homeowners should take steps to do a formal recall (and you might have to take some of the other board members with the president if they couldn't do what's necessary).
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
If the governing documents and law do not prohibit it, they have the same right as everyone else. The membership has the right to vote for the person they choose and the board usually selects the president.
I understand the concern but it is a democratic process.
I understand the concern but it is a democratic process.
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
If your governing documents do ban them from being on the board, you still need to check your state law. Some states have laws protecting an owner's right to run even if they are not in good standing. For example, in Texas the only restrictions that are valid are being a property owner and no conviction of a felony or crime of moral turpitude.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
It seems like this president is stealing from the HOA ...
I'm with the others - get the Board to remove him (requires knowing the Bylaws), get the community to remove him (requires knowing the Bylaws).
Do you lien properties of those behind on dues? Is the Board avoiding doing this because he is the president?
ACT!!!
I'm with the others - get the Board to remove him (requires knowing the Bylaws), get the community to remove him (requires knowing the Bylaws).
Do you lien properties of those behind on dues? Is the Board avoiding doing this because he is the president?
ACT!!!
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By GeorgeS21 on 05/28/2018 8:59 AM
It seems like this president is stealing from the HOA ...
It seems like this president is stealing from the HOA ...
Being behind in making assessment payments is not the same as stealing from the HOA.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Shirley,
As others have said, unless your governing documents, typically the Bylaws, have qualifers (must be a member, must be in good standing, etc.) for who may or may not serve on the Board [it's typical for most Associations to have zero qualifiers], then that individual has the full authority and voting rights as a Director that any other Director has.
As a member of the Association, they may or may not (again, check your documents) be allowed to vote for Directors at the annual membership meeting.
As others have said, unless your governing documents, typically the Bylaws, have qualifers (must be a member, must be in good standing, etc.) for who may or may not serve on the Board [it's typical for most Associations to have zero qualifiers], then that individual has the full authority and voting rights as a Director that any other Director has.
As a member of the Association, they may or may not (again, check your documents) be allowed to vote for Directors at the annual membership meeting.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
As the president of the association?
He wants to be president, but owes money - in real time money - not a long term loan - to the organization he is running?
It didn't sound like this fellow was just a bit behind and trying ... maybe I have overreacted.
He wants to be president, but owes money - in real time money - not a long term loan - to the organization he is running?
It didn't sound like this fellow was just a bit behind and trying ... maybe I have overreacted.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Are you on the board, Shirley?
Did the board file this lien on the prez? If so, surely the Board has the courage to vote the president out of the office of president, right? If the board wants him out as a director, the Homeowners must vote him out UNLESS your documents say that directors MUST be in "good standing," which means current on their dues.
If no one else--the board or the members removes him from being prez or from being a director on the board, he keeps whatever rights he as according to your bylaws, e.g., preside at meetings.
Did the board file this lien on the prez? If so, surely the Board has the courage to vote the president out of the office of president, right? If the board wants him out as a director, the Homeowners must vote him out UNLESS your documents say that directors MUST be in "good standing," which means current on their dues.
If no one else--the board or the members removes him from being prez or from being a director on the board, he keeps whatever rights he as according to your bylaws, e.g., preside at meetings.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Here is the rub... Many HOA's have it that if one is not in "good standing" they can NOT cast a vote. However, that does NOT mean one that is behind in dues can't be elected. That is the choice of the membership who vote. Maybe it was a situation where the now President wasn't paying their dues out of "Protest" and promised if elected they would change things. (This is a fantasy but let's go with it). Well now they are President it's time they pay up or be elected out.
The lien is for unpaid dues correct? Does your HOA have a rule about when they lien? Ours is at 6 months we lien and 1 year we CONSIDER foreclosure. Does your HOA have it set up to lien in a short time period?
The lien is for unpaid dues correct? Does your HOA have a rule about when they lien? Ours is at 6 months we lien and 1 year we CONSIDER foreclosure. Does your HOA have it set up to lien in a short time period?
Former HOA President
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
In Florida, a homeowner who is delinquent in the payment of any moneys owed to the association may not seek election to the board and their name must not be on the election ballot. Being Florida, of course, it's perfectly fine for such a person to be on the board either by election as a write-in candidate (where allowed) or through appointment of the rest of the board to fill a vacancy. A sitting board member who becomes 90 days delinquent in any moneys owed to the association is deemed to have abandoned his or her seat on the board and the vacancy created may be filled by the remaining board members or, in the alternative, the board may schedule an election for the homeowners to vote in a replacement.
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