can a non-owner be on the board by proxie ???

Started by RonS15 • 8 replies • 578 views

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RonS15 (California)
Posts: 107

Posted:

the is a guy who has been on our board for 10yrs straight....
he is on because a guy who works for housing authority that owns 80 units out of 236...
give this non owner proxies to sit on the board....

now i have brought this to there attention years ago and just ate a recent IDR with copies of davis sterling and our own election rules all say u cant do that....but its still happening...is there anything i can about this????

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Ho Dude IDr taste?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It sounds like the Housing Authority owns 80 homes. They are an agency made of many people. Which means they need one person to represent them in the HOA. Not unlike how a LLC works. So the Agency has decided to have this person represent them. That person then got elected onto the board.

Not seeing anything wrong with this as the agency itself is a member. It can decide amongst itself whom they want to take on the responsibility of representing them. They used their 80 property holding proxies to choose this person. Simple as that. Happens all the time when a LLC, the developer, or an agency owns property. There are multiple people and 1 is chosen. Considering the 80 membership shares it's no wonder they are on the board having the most interest in the HOA.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically when one entity owns a unit or units, they must name one person as ther contact point. If they own multi units, they get multi votes. As to that person being allowed to be on the BOD will be in your Bylaws.

With the city owning 80 units, sounds like they are in control.

DouglasK1 (Florida)
Posts: 2,046

Posted:

It's also worth noting that in many associations non-members are allowed on the board in any case. Ron has not specified that his bylaws or other governing docs require directors to be owners.

Escaped former treasurer and director of a self managed association.

RonS15 (California)
Posts: 107

Posted:

Quote:

Posted By DouglasK1 on 02/10/2020 8:50 AM
It's also worth noting that in many associations non-members are allowed on the board in any case. Ron has not specified that his bylaws or other governing docs require directors to be owners.

my bad...yes my election rules say u have to be a owner.....the Davis sterling also specify u have to be a owner or HOA have there own which we do....

RonS15 (California)
Posts: 107

Posted:

Quote:

Posted By JohnC46 on 02/09/2020 11:03 AM
Typically when one entity owns a unit or units, they must name one person as ther contact point. If they own multi units, they get multi votes. As to that person being allowed to be on the BOD will be in your Bylaws.

With the city owning 80 units, sounds like they are in control.

thanks ....i do understand that aspect of it

RonS15 (California)
Posts: 107

Posted:

Quote:

Posted By MelissaP1 on 02/09/2020 4:59 AM
It sounds like the Housing Authority owns 80 homes. They are an agency made of many people. Which means they need one person to represent them in the HOA. Not unlike how a LLC works. So the Agency has decided to have this person represent them. That person then got elected onto the board.

Not seeing anything wrong with this as the agency itself is a member. It can decide amongst itself whom they want to take on the responsibility of representing them. They used their 80 property holding proxies to choose this person. Simple as that. Happens all the time when a LLC, the developer, or an agency owns property. There are multiple people and 1 is chosen. Considering the 80 membership shares it's no wonder they are on the board having the most interest in the HOA.

yes i understand all that....what i'm say is there is a guy on the board that is not a owner who use to be the person proxie for the city years ago....they still kept him on and posting fake rules...lol...yes its insane...and i brought it up to the fake real board....lol....so im trying to confirm what i know is right....

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Fake post.

Move on.

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