Recording a notice of assessment without president's signature: President is delinquent (TX)

Our HOA president owns 17 of 41 lots and is 10 years delinquent on 16 of them. The CCRs allow for all unpaid dues to constitute a lien, and I have a template for a notice of assessment to file with the county (thanks to Gregory S. Cagle).

However, the template/sample has a place for the president's signature, which they would never sign.

How on earth are we supposed to get out from under their thumb?

Nope!

If your bylaws are the same as most others, the Vice President or Secretary is required to act when the President can't or won't. So a signature from that person should be valid. But do check the exact wording of your bylaws to be sure.

In fact, if the board has to discuss this, the President must recuse himself from discussing and voting since he has a conflict of interest.

ADD ON

The BOD could call for an Officer Election and elect another President.

Need more details before jumping in... Are these lots developed? Reason asking is that in many HOA's if a lot is NOT developed then dues are not paid on them. It isn't until a house is built that dues are to be collected.

So when you say they own lots are they empty? Before you go down the road of how your President owes money. Make sure that is the actual case and not misinterpretation of when dues are to be paid.

10 years delinquent? Why is this person still on the board? In my community, delinquent owners can't serve on the board, so he/she should have been shown the door a long time ago. THAT'S how you get out from under the president's thumb.

Check your documents - if there's language to this effect, the rest of the board should vote to toss him/her immediately, then you can elect another president and get the form signed.

Also, check with the county - does the signer HAVE to be the board president? It may be ok for another board officer to do it, and if that's the case, you could designate the president, secretary or treasurer, depending on who's available at the time (when I was Board treasurer, I signed most of ours and if I wasn't around, the president would do it).