Hi - New Here and Drama all around!

Hi everyone,

So...I bought a new-build townhome in SoCal in 2016. Lovely community, medium density - 3 units per building, 66 units total (so 22 buildings, for the math experts).

Recently (2 months ago) there was a vacancy on the 5 person board. I was invited to join and fill the 5th person hole as Treasurer, and was appointed by the Board to so until the next election (April 2021).

Fine, happy to help and have been filling in, trying not to upset any rolling carts. Except, there was drama.

There was an incident - accident where random visitor hit a light pole. No problem, their insurance will pay. We have a special Board meeting (tomorrow) to review and approve replacement pole.

No problem, but unfortunately President asked at the 11th hour to add an agenda item related to a personal arc application (which had not actually been submitted in writing - there is a procedure, including neighbor notification forms). I pushed back and said it was inappropriate for President to ask for this last minute agenda addition for a personal item when there was no submitted written arc application. President responded in unproffesional way, saying they would be 'mad' and 'upset' if they didn't get there way. Another Board member responded, said unprofessional, etc. - but then unleased a tirade of other accusations. I tried to send a calming email, to no avail - emails keep firing and I cant help to believe they are lobbying me (new member of 5 member board).

To make matters worse, President is at war with Member at Large (I am Treasurer, as reminder). President resigned in immature email huff last week, then 24 hours later begging for resinding of resignation. Awful, we are meeting tommorrow, being lobbied up the wazzoo, help!

Advice please!

Thinking 3 options:

1. reject president resicing (meaning they remain off the Board)
2. Accept president resicind (meaning they stay on the board) - no conditions
3. Accept president resicind (meaning they stay on the board) - WITH conditions - e.g. accept diffent title on board, or formal reprimand, etc. - is this possible?

Anyway, just looking for advice. Volunteered because I love my small community but now feeling like I being torn apart by different factions! This is so not what I imagined!!!!

Help!

JT

In my view the person who resigned via email has resigned "in writing" and is off the board, period. There is no "rescind" - a warning to people who can't control their emotions and like to fire off angry missives online. We had a similar case in my community a couple years ago, and our association's attorney confirmed this. Hopefully someone from CA will confirm that your state's laws also consider email to be "in writing".

Depending on how your bylaws are written, the board will be able appoint someone to fill the empty position. They do not have to appoint the former board member.

If I were on the board, I would view the former board member has having three strikes against them. One, they tried to add a last-minute agenda item which, if I understand things correctly, is illegal in CA. Two, they tried to do an end-run around normal ARC procedures. Three, they threw a hissy fit when they didn't get their own way and resigned in the heat of the moment. You'd have to come up with some pretty compelling reason for me to vote to appoint this person to the empty position instead of someone else who may be more qualified.

Let me try and clarify things here.

1. It is not illegal to add an agenda item, and being this is in California, I am assuming the meeting is being handled virtually.

2. ARC applications have a legal time frame associated with. We don't know what your procedures are, maybe you don't know either. Not all application have to have homeowners sign off on them, even though they might be on the generic form. I might have just asked that the application be properly submitted in writing prior to discussion.

3. Did the person resign from the Board or resign as president. That wasn't made clear and there is a difference.

4. Three strikes against them, because we have just the word of one person. How about we line them up and execute them. They tried to do an end run around normal procedures. Exactly what procedure, in your opinion, did they do an end run on? This could have been adding a charging station in their garage. How does that affect the neighbors?

JT,
The first question that comes to mind for me is why would an ARC submittal be discussed in an open session general meeting? Does your board normally do ARC decisions during general meetings? The last Ca. board I was on we had a separate committee handle this aa the first approval and only Variances came before the board. It should always be in writing and include detailed drawings and in Ca. most HOAs still require neighbor impact sign offs. If that has not been done then it is not a complete application and should not be discussed or approved.

If the person resigned even if it was in the heat of the moment they have resigned. If they want to run again in April next year wish them well and vote against them. Hopefully you have another candidate that the board can agree with and appoint.

Of course not, that's obtuse. We always just have the word of one poster for things like this. We assume they're telling the truth for purposes of discussion, or we ask for clarification.

To be clear, nobody has a right to be a board member. They have a right to seek election to the board, but if the community doesn't feel they measure up, tough noogies they're not on the board.

I think that board members should be held to a higher standard of conduct than the rest of their neighbors. Which means being able to conduct business without getting butt-hurt and resigning when things don't go your way. And knowing about items like noticing requirements - if those who object to the last minute addition to the agenda are wrong about the timing, say so without flying off the handle. And know about good business practices. For example, ARC requests and actions should always be in writing - they're part of the HOA's records and provide proof if someone in the future claims that the request was never approved.

In my view, the person who resigned didn't display these characteristics. One can withhold a vote for the person without, as you say, executing them. /smh

I agree. Some years ago a HOA attorney where I am also confirmed there is no such thing as "rescinding" a resignation that has already taken place.

I also agree with the above.

Regarding adding items to the agenda at the last minute: Don't. See https://www.davis-stirling.com/HOME/Adding-to-Agenda-After-Posting

https://www.davis-stirling.com/HOME/Exceptions-to-Agenda-Rule

The reasoning behind the general prohibition on adding items to the agenda after notice has been sent to the members is because this defeats the purpose of notice. In theory, members are supposed to receive the agenda in advance so they can decide whether to attend and prepare any commentary (if desired) in advance. California requires HOA/condo Boards to hear input from members, either at a time the Board designates during the meeting or possibly, and with the President holding tight reins, more Town Hall style.

Hi,

Below is the exact language of resignation. It from the Board not resigning as President.

"Please be advised that I am submitting my resignation from the Board of Directors effective immediately It has been a pleasure to serve the XXXX community."

I think I do understand your point now - a person can step down from a specific position but remain on the Board. However, this individual resigned completely from the Board.

JT

I just re-checked the by-laws and they do require officers to be directors.

Jig

You might just be at a crossroad in your relationship with fellow BOD Members. Meaning how much of a "hardass" do you want to be about the resignation? Are you right? Yes. Could you win the battle and lose the war? Yes.

Go with the consensus of the BOD, be they right or wrong, and ally yourself with them so they become your allies in future battles.

MarkM put it well, "If they want to run again in April next year wish them well and vote against them." I assume the former prez's resignation was dated, Jignya.

The former prez apparently does not even know the Board may not "rescind" her/his resignation. What boards may rescind, per Robert's Rules, are board decisions made at a previous meeting.

Agenda items, as Cathy observes and Augustine confirms, do need to be posted ("noticed") 4 days ahead of an open meeting of the Board per the Open Meeting Act in CA. AT the meeting the Board COULD vote to accept this ARC item if urgent or an emergency or it was left over from a previous meeting. I saw no evidence of those.

Unless your bylaws require it, you may want to consider leaving the 5th board seat empty until your April election, Jignya. Your board should appoint a new president at your next open meeting.

It's a pleasure to read your post and I'd say your Board is lucky to have you on it!

Constantly ask members, directors and management to cite support from the Declaration of Covenants, Bylaws, Rules and Regulations, and California's HOA/Condo statute for whatever position the member, director or manager is taking on whatever topic. Else I think a HOA president is worthless. Good luck.

Thanks everyone, John - yes the by-laws are clear on the how, I think we are trying to identify the who though

Hi Kerry,

Yes we have a PM firm so no issues there. Thanks!

Jignya