Board resignations

Started by JesseE • 5 replies • 419 views

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JesseE (Florida)
Posts: 10

Posted:

I have been on my HOA (townhouse, not as a condo) since November 2016. I am building a new home in another county here in FL to be closer to my job. I will end up resigning later this fall since I am selling and moving away.
Last night our VP resigned from the board. Our president has been saying for several months that SHE was going to resign once our construction was done (we sued the builder due to construction defects). So as of today, our 5 person board is down 1 and I assume soon to be down 2, as our president has been on the board longer than I have and is wrung out. Our elections are in November and our treasurer said he will not stay on for another year (he came on when I did). So when all is said and done, there will be 1 board member come election time!

Can we appoint anyone to the board in the mean time? Then they would have to "run" for the seat in November? We don't get turn out at our board or annual meetings, I don't think we have ever had quorum - maybe when the builder turned the development over. While i realize it won't be "my problem" the HOA may be without a board come the fall and I wanted to try to "stop the flood" in the meantime....

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically the BOD (via majority vote) can appoint someone to fill existing vacancies. As to wether that appointment is until the next election or to fill the balance of the term will be in your Bylaws.

SheliaH (Indiana)
Posts: 6,964

Posted:

Not to scare anyone, but if board members are dropping like flies, it's time for other people to step up. Appointing folks is good, but peole also need to be aware of what happens if no one steps forward - receivership.

There are lots of old conversations on this website about receivership and the pros and cons. To be blunt, there aren't many pros and lots and lots of cons, starting with a gigantic smackdown to your wallet and NO SAY AT ALL in how your community's run. It may be time for your board to send out a letter calling for volunteers and what's at stake.

You said everyone on your board is worn out - could it be you're doing lots of things that could be handled by your property manager or are micromanaging him/her? That's usually one way to get burnt out fast. There might also be an issue with setting priorities - someone on this site recently said it's not the board's job to do everything, but to ensure it gets done. Maybe you could get some homeowners who could volunteer to serve on an advisory board that could look at certain issues in detail, like rule enforcement, and bring recommendations to the board.

Since you'll be moving anyway, try to stay on as long as you can to help out, but don't be afraid to ask for help - if it gets too much for you, do what you need to do to keep your sanity and your blood pressure under control.. If something doesn't get done, the association may have to live with that until more people come aboard. Write down your processes so the newbies will have a roadmap to use and they won't get confused or reinvent the wheel over and over.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JesseE (Florida)
Posts: 10

Posted:

We are a community of 90 townhomes that recently went through construction due to defects (we won a settlement from the builder to make the necessary repairs). Our president has been on the board since about 2014. Like me, she works from home and at times people knock on her door with issues (instead of calling the management company as they are supposed to do). We also have a parking problem. We don't have basements here in FL and WAY too many people do NOT use their garage to put a car in. There is no on street parking because the street isn't wide enough per county regs and the developer and builder got the county to agree to make the sidewalks flat and count them as right of way. This is the biggest headache of our community. We recently sent out a letter for a vote on a possible resolution to this issue and we had 40 of the 90 owners respond.

Requesting someone step up to fill the empty spots hopefully will generate a response...

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JesseE on 03/02/2021 1:56 PM
We are a community of 90 townhomes that recently went through construction due to defects (we won a settlement from the builder to make the necessary repairs). Our president has been on the board since about 2014. Like me, she works from home and at times people knock on her door with issues (instead of calling the management company as they are supposed to do). We also have a parking problem. We don't have basements here in FL and WAY too many people do NOT use their garage to put a car in. There is no on street parking because the street isn't wide enough per county regs and the developer and builder got the county to agree to make the sidewalks flat and count them as right of way. This is the biggest headache of our community. We recently sent out a letter for a vote on a possible resolution to this issue and we had 40 of the 90 owners respond.

Requesting someone step up to fill the empty spots hopefully will generate a response...

What is the proposed resolution?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JesseE on 03/02/2021 11:44 AM

Can we appoint anyone to the board in the mean time?

Yes, the board may appoint to fill vacancies.

Quote:

Posted By JesseE on 03/02/2021 11:44 AM

Then they would have to "run" for the seat in November?

Correct

Quote:

Posted By JesseE on 03/02/2021 11:44 AM

We don't get turn out at our board or annual meetings, I don't think we have ever had quorum - maybe when the builder turned the development over. While i realize it won't be "my problem" the HOA may be without a board come the fall and I wanted to try to "stop the flood" in the meantime....

If you don't have a quorum at the annual meeting, those serving on the board would remain until the next election or they resign (corporate statutes).

If you don't have volunteers willing to step up and the board goes to less then a quorum (3 out of 5), then the remaining members may appoint or petition the court for receivership.

My suggestion, get the word out that people are stepping down and if no one volunteers, the board will have to petition the courts for receivership which will result in higher assessments to pay the receiver and loss of say in how things are done (because the receiver answers to the court, not the membership). Basically, scare them into stepping up.

Info on receivership:

720.3053 Failure to fill vacancies on board of directors sufficient to constitute a quorum; appointment of receiver upon petition of member. applicable FL statute for an HOA

718.1124 Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner. Applicable FL statute for a condominium

Getting receiver for homeowners association typically is bad idea from the LA Times

HOA Financial Matters: What's Receivership, and When Do Condo and Homeowner Associations Need It? from HOAleader

Homeowner Association Receivership: Hard Choices Must Be Made a youtube video made by a court appointed receiver

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