Board President unilateral decisions

Of three HOAs where I have lived, two operated often like this. Your concerns are correct. Ideally your HOA has a business manager whose contract says, "Takes non-emergency action only upon a board vote." However, I suggest treading lightly. These actions by your HOA's President are the first symptom of a bully disinterested in complying with the governing documents and so the law. Best course of action is to find a like-minded group and win a majority of the board seats. The path is arduous. Folks need to weigh whether a board President or a board majority pulling garbage like this is better than serving on the board one's self.

Yes, I am on the board. My outside advice has been to foster membership attendance to 'wet' the attitude and lend support.Basically provide a viewing audience. Most members rarely attend.

PERFECT

"Point of order" only can be used during meetings, Teresa. You make it sound like the president makes these decisions outside of meetings since they are not in your meeting minutes.

You need to read your bylaws and your CC&Rs (aka, convenants; declaration) to see IF the prez has the authority to make these decision without board approval.

Even if these docs do NOT give the president such authority, some boars are so lazy and uninformed that they let the prez do whatever s/he wants. They MUST remember that they can be liable for the presdeint's action because they stood by and let the prez get away with the behavior.

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Good luck communicating with HIM

Opps, sorry on the writing. I'm using a cell phone and the site doesn't appear to be in a cell app format. Scrolls all over the place. Even hard for me to read.
Thank you all for the input. It has helped.

Geno.. perfect..... This is exactly how things are supposed to work. However, when a board is inept and doing everything they can to subvert the law and the hoa documents. And they have access to the hoa funds to fund attorney actions.. It takes a very dogged owner to go through the process,, court, etc. to correct the wrongs. The owner has to pay for their own lawyer, and the hoa board has unlimited funds (that belong to all of the owners) to fight.
One thing that needs to be corrected.... If a board is found to have totally been negligent and breached their fiduciary duty, they need to be held accountable.. as it stands now.... Even after you won in court.. the previous inept board members aren't liable .

There needs to be established a clear outline... board members will not be liable for honest mistakes.. however, If it can be shown that they were aware of objections to their actions, and the documents clearly prevent the actions taken by said board member. There should have to fund their own defense and pay back the hoa ..

I know it's much easier said than done.. however.. Its infuriating that even bad, corrupt, totally inept board members never have to reimburse the communities they so poorly served..

We had an our attorney provide training after the elections and stay to observe an entire meeting with notes of her observations. 5 months ago.

The recinds just occured. Thus the effort to gather info on the best and proper way to go forward with out igniting the situation or person. We had a Board sponsored program inside a committee and the board unanimously voted to recind the committee, place the program under control of the Board, placed it in the hands of a professional consultant for modifications. Motion second passed. Recorded in the minutes. He later placed the program inside another different committee, discharged the consultant and told the new committee to revise the program.

The rest of the Board found out at the next meeting, thus, we reconsidered his points, voted to recind the previous resolution, place the program in another committee BUT to be over seen by the professional consultant. So we made it work for all our concerns. But the unilateral decisions are continueing and surfacing.

I concur, it's always difficult when the Pres tries to run the Board as a CEO or Boss. And yes, he does come from an industry and position of authority.

This area of in between decisions, unilateral decisions, roll back of Resolutions and the associated bluster when dealing with board members needs to be nipped in the bud but needs to be presented referencing proper codes, hoa laws etc. We are gathering such. Hopefully without the cost of an attorney. But some of the blustery we may be stuck with.

The Forum points, comments, validations have been helpful, especially the comments on liability.

Thank you.

It sounds like you're making progress so I'm happy for you. This stuff is impossible to read, though.

Teresa, this'll be my last post as I found your writing just too darn hard to follow.

Who the heck is this "professional consultant?" Title please.

I advised above how to keep the prez from taking unilateral action: you simply read your bylaws about how to vote him out of office. All it should take is a majority of the board at a meeting to vote him out. He'd still be a director though. If your bylaws don't say how to remove an office, your state's corporation code will.