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HOA President Acting on their own without a vote

Started by ChristinaB2 • 13 replies • 735 views

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ChristinaB2 (California)
Posts: 23
Posted:
The HOA President has taken it upon their self to act as a liaison with the Attorney and rewriting rules without consulting with all the board members, this same president has also continually requests the attorney to write unnecessary letters to homeowners without the concent of the rest of the board, is this wrong? My personal feelings are that this is something that should be discussed before it is done and con the President be the only one that can contact the HOA attorney. The rest of the board has also been told that all agenda items must be approved by the President, I don't feel that this is ok. Advice please.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Most association bylaws call for officers to be elected by the board. If the rest of the board is unhappy with the president's actions, then elect a different director as president.
Escaped former treasurer and director of a self managed association.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By ChristinaB2 on 10/06/2019 8:56 PM
The HOA President has taken it upon their self to act as a liaison with the Attorney and rewriting rules without consulting with all the board members, this same president has also continually requests the attorney to write unnecessary letters to homeowners without the concent of the rest of the board, is this wrong? My personal feelings are that this is something that should be discussed before it is done and con the President be the only one that can contact the HOA attorney. The rest of the board has also been told that all agenda items must be approved by the President, I don't feel that this is ok. Advice please.

The validity of the rules changes depends on the HOA's governing documents. Wouldn't the board need to approve those changes?
SheliaH (Indiana)
Posts: 6,964
Posted:
As I said in another message just now - what in the hell is wrong with the rest of you on the board??? The president is only one vote and he or she CANNOT do things contrary to the documents just because he/she is president and thinks that makes it right (aren't we going through this crap right now in the White House???)

You don't feel this is ok - SPEAK UP!!! Read your documents and then cite the areas that reference the duties of the board and its officers. It's ok for the president to be the primary contact to the attorney, but because the association has to pay for those contacts (be it phone call, email, personal visit or whatever), the board should know what it's being done and if the contact is even necessary.

You and your colleagues need to man/woman up and bring this president to heel - ask for an executive session to hash this out and give serious thought to replacing the president - if you read your documents, there may be language stating the board members choose officers from among themselves and the homeowners select the board members, so you may not be able to toss him/her from the board itself.

That's my advice - you can decide if you want to take it or not - good luck with whatever you choose to do.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaulJ6
Posts: 990
Posted:
Quote:
Posted By SheliaH on 10/07/2019 7:37 AM
As I said in another message just now - what in the hell is wrong with the rest of you on the board???


Is this statement aimed at all of us? Or just the original poster in this thread?
KerryL1 (California)
Posts: 14,550
Posted:
Sheila is right. Why is the rest of the board permitting the prez to do whatever she wishs?

Read your contract with the attorney--often the prez is the only one to speak directly with th attorney.

On the other hand, letter to homeowners sound like fines or thrusts of fines for with the board as a whole must had hearings (in CA).

It' not unusually for the prez to approve the agenda, but the rest of the board can vote that any director may submit agenda items and they'll be acceptable if certain cireterail are met, e.g., proper background.
MarkW18
Posts: 1,290
Posted:
I am going to go out on a limb and say that a majority of the Board sides with the president.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By PaulJ6 on 10/07/2019 7:54 AM
Posted By SheliaH on 10/07/2019 7:37 AM
As I said in another message just now - what in the hell is wrong with the rest of you on the board???


Is this statement aimed at all of us? Or just the original poster in this thread?

Sorry, I misread the post. I'll retract the statement above.

OP, go on record as opposing the president's and the lawyer's actions, and try to get your opposition put into the minutes of each meeting where it comes up.
SueW6 (Michigan)
Posts: 814
Posted:
Not unusual for president to act as liaison to HOA attorney.

Be specific about the “rules” she has changed.

Why would your attorney waste time writing unnecessary letters? Wouldn’t he/she let the president know they are not needed or illegal to send? Sounds like you’ve got a lawyer problem too.

In any case, during the presidents report at the board meetings, her actions should have been stated for the board to hear. Insist she place a President’s Report on the agenda.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Can I read a bit more into this? It is not unusual and more than likely recommended the HOA president be the designated liason to the lawyer. Our HOA board approved to spend the expense for me talk to the lawyer prior to contacting. If the board agreed we needed legal advise/action then I would arrange it. Plus do all the communication. (Have some background with legal field).

As far as the rule changes... No the President nor even the board can do the changes. That is a vote of the ENTIRE membership. Sometimes the by-laws take less requirements to making changes. CC&R's and Articles of Incorporation are usually 75 - 100% vote of membership to pass. After they pass then they have to be filed. Something a lawyer does and it costs money to do so.

Could it be the President is discussing changes that want to be changed? In our case we had 5 changes we wanted to make. Those involved removing all developer references and separate water meters changes. We had a lawyer draft up those changes and make out the voting forms. In addition our HOA had a rule that changes had to be made at a "special meeting" called for making the changes. That was nearly impossible to make happen. So the lawyer made us a document to sign away your rights to attend the "Special meeting" to cast your vote. This allowed us to take the votes more freely like door to door.

So could your President currently be working with the lawyer going over the changes to makes sure they are legal and what they should say? That would be something that working with the lawyer the President would do. Have to have your ducks in a row before presenting it to the people.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Seems like some are stalking about "rules, which are not the same as covenants or CC&Rs. Please clarify for us, Christina.
ChristinaB2 (California)
Posts: 23
Posted:
There are only 3 on the board and yes the other sides with her because they are friends and the other board member only plans events....she is afraid of loosing this if she votes differently.
ChristinaB2 (California)
Posts: 23
Posted:
Why would the attorney write these letters....because he gets paid either way....He does whatever MC and or President askes whether right or wrong. I don't feel that the Attorney has the communities best interest
KerryL1 (California)
Posts: 14,550
Posted:
Do you have question for us, Christine?

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