💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RogerC1 (Texas)
Posts: 4
Posted:
Can someone give me some advice. Our board of directors contained only 3 officers. One officer resigned mid term. Our president asked a new owner to come to a meeting and assumed that I would vote the second person in. Our property only has ten owners and there is not too many owners to ask. Many have been officers before and quit. The new owner did not show up for the first meeting so there was no vote. The owner does not live on the property the own the property as an investment. While researching some tax information for the HOA I learned that this new owner has several properties and has leans against many of the properties. Now I am concerned about them being an officer. Do I have a right to be concerned? Shouldn't the rest of the property be informed of the vacant position and a request be made for volunteers and a formal vote?
HaroldS1 (Arizona)
Posts: 314
Posted:
Are his liens at the other locations HOA related? Actually it shouldn't be anyone's business, until he acquires liens at your place. From the sound of it you can't be too picky about getting a 3rd board member. But usually absentee investment owners are not interested in serving on the board. You've already seen he was not reliable by not showing up when requested. Yes, the request for a board member shound go out to all the members, but if you only have 10 units and "many" have already served.....good luck. I suppose that's why the new owner was being recruited. I'm not sure what you mean by voting on it - is this a vacancy that the board can fill or is it your annual meeting where the members elect board members? Harold
RogerC1 (Texas)
Posts: 4
Posted:
Thanks for the reply. The leins are on other properties so I am not sure what they are for or if they are HOA related. I guess I can simply ask but it will be an uncomforatable conversation. Your exactly right about others already served and unwilling to serve again. That is why they where asking the new owner. It is a vacancy that is mid-year. I am not too clear if the board still must vote or if the president can just elect someone. Do you know what is typical. Thanks for the advice I appreciate any other advice you can give.
Jadedone4 (Virginia)
Posts: 495
Posted:
RogerC1, Harold's response regarding the liens for the "other" properties (and NOT that which owner would sit on the board), is off-limits and irrelevant.

On the issue of the appointment to the board to fill an unexpired term - you would need to review your gov/doc's for the exact "SOP" for first filling that position, the requirements, and how your community "defines" the length of service for the term.

Generally for appointments they are voted on by the remaining board-members, and serve the unexpired term recently vacated.
NancyD1 (Florida)
Posts: 447
Posted:
Quote:
Posted By RogerC1 on 08/24/2007 4:31 AM
Thanks for the reply. The leins are on other properties so I am not sure what they are for or if they are HOA related. I guess I can simply ask but it will be an uncomforatable conversation. Your exactly right about others already served and unwilling to serve again. That is why they where asking the new owner. It is a vacancy that is mid-year. I am not too clear if the board still must vote or if the president can just elect someone. Do you know what is typical. Thanks for the advice I appreciate any other advice you can give.

If the liens are on other properties they should be of no concern to you or anyone else. If a lien is placed on the home he owns in your HOA, it is still not your concern. It is his problem.

If he were to be elected to your BOD and he had a lien placed on his home by your HOA, then you can take action. Actually you should take action when he is late on his maintenance.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
NancyD,
IMHO if a lien is placed on his propertry and he is member of a condo he is obliged to notify the Board of the lien or any other change that could possibly reflect on his Deed. Also, if he has a lien on his property it is a warning sign that the property is in trouble, especially if this lien or whatever is issued by a Lender, Bank. or Mortgage Co. A mechanics lien is different and does not threaten the property without further proceedings. It is good business for lender etc, to notify Regime if liens are placed. If one of our owners fails to pay assessments to our HOA (we are a condo within a HOA), they have violated our covenants as well and would have to be considered some kind of suspended member of the Condo Regime.
NancyD1 (Florida)
Posts: 447
Posted:

I believe there are laws for condos as far as notification of liens in some states. Especially if it is a multi-family building. Roger spoke of an HOA though.

If a lien is placed for any other reason but past due HOA dues, he has no duty to inform the board. Unless this is specified in the doc's. Most doc's say only a board member has to be current or in good standing with maintenance fees and assessments.

I have never received notification from a bank that there is a lien on a property. A bank has the mortgage which is qualified. They cannot place another lien as the HOA would with a maintenance debt. The only time you will get notification from a bank is when a foreclosure is imminent.

I just sold a business and held some of the money for the buyer. I put a lien on his home for the amount loaned. If he was a member of a HOA BOD, why would he have to inform the other members. His property is not in trouble, not until I don't receive a check by the 10th of the month. Then the HOA will be informed by the court or my attorney.
RogerC1 (Texas)
Posts: 4
Posted:
thanks so much. Your information is very informative.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here