Board members resigning, management resigning

51% of the homeowners signed a petition to remove the board, by the time the 51% of the signatures were signed, all but one of the board members had resigned, along with the management company. The board members resigned immediately, the management company has 30 days left. Does the remaining board member have any athority to do make any decisions, since the petition called for her romoval also? The petition signed called for a meeting to elect a new board but between the date of the meeting (which was noted in the petitiion) and the resigning date of the management company, we are left with 11 days of no supervision of the complex. Can one or two owners volunteer to stay in the office and oversee things just for the 11 days so someone can be reached in case of an emergerncy or whatever. The present mangement company has already contacted the pool, trash and maintenance companies and they are willing to stay on until the new board is voted in an makes its decisions. Does that remaining board member have any authority in this department or would we have to get (by e mail) a 51% vote to have permission to have someone take over the office for that 11 days? I appreciate any help you can give us.

Based on what you said that board member is in charge until the meeting where they either confirm or reject the recall. The catch is that the one board member doesn't have any power alone as boards require a quorum as defined by the by-laws.

A more specific question is to know exactly how Jean's by-laws are written. Ours still may not any action since there is not a quorum, however, in another section, the one remaining board member may appoint new board members to fill the vacancy, even if there is not a quorum. It all depends on the actual by-law.

BradD2 - If there is no quorum of the Board, how can one Board member take action or appoint?

NancyD1 - You state "They would have to stay at the required board number that they had previous to the resignations."

So how come last year at your elections your BOD motioned to reduce the directors from 7 to 5?

If you don't get a turnout for quorum don't you have to hold another meeting to elect the other 2 Board members?

What state are you in? Calif law didtates what happens if all bod members quit or die. In extreme cases the superior court intervenes thru the attorney generals office.

Jean:

You have the petition of 51% of the Owners to remove the board, but did you call a meeting for the purpose of removing the board and then immediaetly after you should have had an election of a new board.

Leaving your HOA without a board and without management was very poor planning and left your HOA exposed. I sincerely hope that you call a meeting quickly to elect a new board.

I think there are too many folks just giving opinions on something where there are no facts presented. Until Jean posts her by-laws, no one can state how this will play out with any certainty. For example, our by-laws take care of an empty board by having any member call a special meeting to resolve the issue.