HOA Board Member/President

Started by RoxanneG • 14 replies • 700 views

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RoxanneG (Washington)
Posts: 20

Posted:

Our HOA has been a mess for some time. We had one person "running" it for years, our "President". As president, he did not fulfill the duties required of the presidency, but he did cut himself a check each month for "landscaping" - no contract, no 1099. I pushed to get a professional management company involved. He was not in support of this. Collecting dues was ONE of the difficulties we were facing. But now, because he was opposed to hiring the agency, he is refusing to pay his dues, as well. He doesn't hold meetings, he never prepared a budget, he dipped into the reserve funds at will, and has never, even upon several requests allowed me to see the finances that he kept for the past several years. Any suggestions? Thank you!
Roxanne

MelissaP1 (Alabama)
Posts: 13,836

Posted:

He may not be able to run for a board position if he is behind in dues. so how is he getting elected?

Former HOA President

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By RoxanneG on 05/08/2020 3:03 PM
Our HOA has been a mess for some time. We had one person "running" it for years, our "President". As president, he did not fulfill the duties required of the presidency, but he did cut himself a check each month for "landscaping" - no contract, no 1099. I pushed to get a professional management company involved. He was not in support of this. Collecting dues was ONE of the difficulties we were facing. But now, because he was opposed to hiring the agency, he is refusing to pay his dues, as well. He doesn't hold meetings, he never prepared a budget, he dipped into the reserve funds at will, and has never, even upon several requests allowed me to see the finances that he kept for the past several years. Any suggestions? Thank you!
Roxanne

What's the written procedure outlined in your governing docs for ousting him? If you don't know, it's time to start reading.

RoxanneG (Washington)
Posts: 20

Posted:

I don't think our documents state that. He gets elected because nobody goes to the meetings. He thinks he is a life-time appointment, but no one wants to get involved and run against him. I am now a board member and the secretary/treasurer, but I still have no say or control over what he does and does not do.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Roxanne,

Single family homes?
How many?
CCRs?
Bylaws?
Statute?
Board meetings?
Are you a Board or Committee member?

RoxanneG (Washington)
Posts: 20

Posted:

I've read the docs. The only way he can get ousted is if he is voted out. Nobody comes to the meetings, and nobody knows the things he has been doing are technically illegal. Is there some sort of law I could check into that addresses the ability to be board member or officer while being behind in dues?

RoxanneG (Washington)
Posts: 20

Posted:

15 Single family units.
We have both CCR's and Bylaws (not enforced). Board meetings are not held. I became a board member and secretary/treasurer Jan. 2019. I have called a couple of meetings, but in general, people don't come.

KerryL1 (California)
Posts: 14,550

Posted:

Are there any other board members? If so, you & the other director(s) vote Mr. Prez out of office as prez and appoint one of yourselves as prez. Most likely your state's corporations codes state something like that.

What DO you bylaws say about board officers? Anything?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Roxanne,

Kerry is saying that at a legally noticed board meeting, a majority of a quorum of board members can usually elect another president. The current president would devolve back to simply bring a board member.

Check you docs and statutes, coordinate with the other board members, meet and fire the current prez.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By RoxanneG on 05/08/2020 3:37 PM
I've read the docs. The only way he can get ousted is if he is voted out.

Or if a lawsuit forces him out. I'd consider that.

RoxanneG (Washington)
Posts: 20

Posted:

I have considered a law suit, but don't know how to go about it. One attorney told me it would not be worth my while in costs. Any suggestions?
Thank you!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Roxanne,

I'm confused.

Are you not going to attempt to remove the current board president at a board meeting by a majority vote of a quorum of board members?

If you can't make this happen at the Board level, due to apathy, how will any other alternative approach work?

KerryL1 (California)
Posts: 14,550

Posted:

I'll try again, Roxanne. Are there any other board members beyond you & the prez???? Do your Bylaws say how many board members there should be??

RoxanneG (Washington)
Posts: 20

Posted:

The bylaws say there can be up to 5. Two expired in February and their positions have not been filled. The board members currently are, he, the president, me and one other board member who is out of the country and has not responded to e-mails. I don't think there is anything I can do as a board member. Members don't understand what has been happening. I was wondering if I could go at it from the angle that I am a member of the HOA and my interests have not been protected by a president not upholding the RCW's and clearly violating the conflict of interest laws in Washington.
You are kind for trying to advise. I appreciate it.
Roxanne

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