A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

HOA President has unit up for sale

Started by MaconB • 11 replies • 658 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MaconB (Florida)
Posts: 2
Posted:
Our condo President who signs all the checks and has done many projects that seemed to be her "wish list" Should she be asked to resign as now her unit is up for sale. A recent project was paying our handyman 4 hours to trim back trees on a vacant property in order to give her unit a better view. This was 2 weeks ago. Yesterday her unit goes up for sale. Conflict of interest here????
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MaconB on 04/25/2021 8:56 AM
Should she be asked to resign as now her unit is up for sale.
She's an Owner (in the HOA/condo) until ownership of the home is legally transferred to another. As an Owner she has all the rights listed in the covenants, including serving as a Director and President if properly elected thusly, and the Florida statutes.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Lets say it is a conflict of interest.

What is the board going to do about it???

Did the board approve the tree trimming expense??

MaxB4
Posts: 3,513
Posted:
If the project wasn't approved by the Board, and this project only benefitted the president, I would bill her directly for the service.
MaconB (Florida)
Posts: 2
Posted:
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MaconB on 04/25/2021 9:46 AM
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
-- How come you board members do not vote to remove her as President?

-- How come you board members do not order the manager to only spend money on what the board authorizes, when a director asks the manager to spend money on the director's needs?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 04/25/2021 10:36 AM
Posted By MaconB on 04/25/2021 9:46 AM
No the tree trimming wasn't approved. She called it maintenance. We other board members think she should resign, before she spends more money without approval.
-- How come you board members do not vote to remove her as President?

-- How come you board members do not order the manager to only spend money on what the board authorizes, when a director asks the manager to spend money on the director's needs?

Good questions. Ge tough and challenge her versus wish she would quit.
KerryL1 (California)
Posts: 14,550
Posted:
The Board should just vote to remove her as president. You jut need a simple majority and ned not give any reason. And assuming the Board did NOT approve the "tree maintenance," bill her for the cost.

That is unless the tree trimming also benefiting many other owners, which is hard to imagine, but, maybe?

Or do you somehow let the prez make expenditure decisions by herself? If, so, imo, that's a very bad policy. Sure, the prez might sign checks, but they should not approved expenditures on their own.
KerryL1 (California)
Posts: 14,550
Posted:
The Board should just vote to remove her as president (she would still be a director). You just need a simple majority and need not give any reason. And assuming the Board did NOT approve the "tree maintenance," bill her for the cost.
That is unless the tree trimming also benefiting many other owners, which is hard to imagine, but, maybe?

Or do you somehow let the prez make expenditure decisions by herself? If, so, imo, that's a very bad policy. Sure, the prez might sign checks, but they should not approved expenditures on their own.

MichaelS56 (Minnesota)
Posts: 859
Posted:
Tim, the answer was simple and clear. I agree strongly.
LetA (Nevada)
Posts: 2,679
Posted:
Your board president is still the president until they sell their unit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LetA on 04/25/2021 4:33 PM
Your board president is still the president until they sell their unit.

Incorrect.

The individual is still the president until the rest of the board removes him from that position or until he resigns.

The individual is still a director until their term runs out or until they resign or until they are recalled.

It is not known if the OP's bylaws require directors to be members of the Association.
Most Bylaws do not have that qualifier because the developer typically appoints friends or colleagues to the board that are not purchasing within the development. Therefore, unless the membership adds that qualifier it likely doesn't exist.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement