Treasurer Question

According to your Bylaws, a officer does not have to be a Director, so yes it would be legal.

This is from their Bylaws:

5.1 Executive Officers. The executive officers of the Association shall be the
President, one or more Vice Presidents, a Secretary, a Treasurer, and such assistant officers as
may be desired, all of whom shall be elected annually by the Board of Directors, and who may
be peremptorily removed by a majority vote of the Directors at any meeting. Any penon may
hold two or more offices except that the President shall not also be the Secretary. The Board
may elect such other officers as the affairs of the Association require, whom shalJ hold office and
have such authority as the Board shall determine.

The main issue we have is our president loves to spend money without getting approval or input from anyone else on the board, much less the community. He does and spends what he wants, when he wants. He literally bullies the rest of the board. If anyone speaks out against him, there is retaliation.
When we try to question this in meetings, we are told to sit down and shut up, or you don't know what you're talking about.
If we do get an answer, its some BS he pulled straight from his bunghulio.
The community is ready to proceed with a recall, but I'm not sure that's the best approach

The treasurer has the duties and responsibilities as defined by your governing docs. This often includes the responsibility to oversee the finances, but not the requirement that the treasurer personally handle the accounting for the association. Many associations hire an MC, accountant, or bookkeeper to handle the actual work of collecting dues, paying bills, etc. If the former treasurer is willing to do these tasks, then the current treasurer and/or board can allow them to do so. The current treasurer is still responsible for making sure the work is done.

Your point? This came from the Officer section of their Bylaws. As you know, many people don't know the difference between an officer and a director.

George

What part of "assistant officer" in their Bylaws don't you understand?

The President desired an "assistant officer" and the majority of the Board agreed. WHAT don't you get.

Listen, I manage an association, where, per their governing docs, none of the Directors have to be owners and the President doesn't have to be a director.

Then someone needs to stand up and call BS. I sure can't do it for them.

They wouldn't be alone.

And just who in the hell are you to speak to me like that?

Ya, whatever!

Correct,they are scared to cast a nay vote in the smallest of circumstances for fear of retaliation, much less stand up to him enough to vote him out. I'm only 1 vote

Im starting to think the entire HOA community is a little nuts. You guys are starting to act just like our board meetings

Nikias

Only you would know your association and whether or not, do you have the support to recall everyone, and two, do you have the people to actually step and replace them.

Based on your documents, it's unclear what the number would be to recall directors. At first glance, I would say 57 need to sign a petition and a majority or 285 would have to vote to recall. Your quorum for an annual meeting is 171 and the people who get a majority of votes and the number of seat available win.I have been involved in a number of recalls and all have failed for a variety of reasons.

I read the newsletter in which the old treasurer wrote in their "ex-Treasurer's report" they were helping out the new Treasurer to ensure a smooth transition. Is that nefarious, not in my opinion. But, can you sell that to the membership, only you know.

In a previous post, you asked for help in your budget. Would I have a few things different, yes. But, in my opinion it was above board and from what I saw your reserves are seriously depleted and need of a quick infusion. Where your community is different your have 569 homes, so much easier to spread the pain over that many homes. Try having to raise $1M with only 18 condos and having it done in a year.

What others might say is you need to gather support for a number of people, not just people willing to be Board members. But, remember, all the good you may does not get rewards, sometimes it bites you hard in the ass, as some here can attest.

Good luck to you.

Yes but directors are elected by the members and this person is no longer a director, so how can he be an officer?

OK, so one POV is that he is doing an end-run around the membership having voted this director away, making this person an 'assistant director'.

And I am not 100% sure you can stop that. Perhaps it won't be 'legal' to make him an 'assistant director', but committees are allowed, correct? So whatever they name the person, in the end, won't they be able to keep making use of their participation one way or another?

Him in this case being the President?

First, was there another thread where NikiasD mentioned what HOA this is about? I'm curious how you were able to find their byalws.

Second, "assistant officers" are not [assistant] directors.

I have resources to pretty find anything.

But yes there was another thread.

Unfortunately, the issue recently brought to light is that our bylaws contain no spending limits. Common sense would tell me that before spending $800,000 to remodel a clubhouse and 2 pools you would get board and community approval.

Thank you, that makes sense. It wasn't in the state of disrepair you describe, but he said it was to circumvent approval.
We had licensed GC's look at it when they first started talk of this remodel and gave us reports that it wasn't in that state.
Yes, I am lobbying for a bylaw change for anything over $5000 be approved by the board and anything over $25,000 be approved by the community. Does that sound reasonable?

Just what he told me...Welcome to my world..He says misleading and confusing things all the time.

The 2nd page of the budget you posted yesterday or today has all the reserve components. If you are within the limit Board approval is not needed excess for who gets the bid. If you have to replace the spa heater or filter, the pool guy gets that. As with a regular budget, Board is not required, IF within the numbers of the budget. The Board approves the original budget.

Let's say you were going to double the size of the clubhouse, that would require membership approve as a capital improvement because the specs in your reserve study would only account for the smaller, original clubhouse.

This is something the MC would/should know, but as some say, the MC works for the Board.

The association had to paid $460K in taxes for the land sale, up from the original $400K.

Not much I could add without seeing an income expense statement for both the operating and reserve account and how the land sale monies were allocated.

The MC actually works for the Association, with the Board its governing body. What if the Board is doing things completely wrong?

I have walked away from a few HOA's where they completely disregard laws in our state.