HanhN1 (California)
Posts: 64
Posts: 64
Posted:
According to Davis Stirling Act, Board members must step off after one or two term sto give opportunity to new people to serve on Board. What should people do if they don't want to step off?
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Started by HanhN1 • 15 replies • 1437 views
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DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Is this an elected person? Someone has to run against him to have him replaced in a proper fashion. If you sit back and wait for volunteers to show up, this is what happens. If he would have stepped down, then who was there to fill that position?
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
Yes, the old board got elected again while there were some new people to run.
RickR3 (California)
Posts: 42
Posts: 42
Posted:
Where in the Davis Sterling act does it have term limits? I have never seen that.
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
It is under Term Limit.
RickR3 (California)
Posts: 42
Posts: 42
Posted:
Quoting from the Davis Sterling Act
"A term limit is a restriction on the number of consecutive terms that a person can serve as a board member. Term limits, if any, are found in the bylaws.
Strict term limits that prohibit owners from serving more than 1 or 2 terms and then are forever barred from serving on the board are generally rescinded as unworkable because of the difficulty recruiting members to serve on the board.
Term limits that allow directors to serve 2 terms and then requiring them to step down for one year allows other owners the opportunity to serve on the board without permanently barring seasoned directors from serving at a later date."
My understanding of this is that term limits may defined in your bylaws with some restrictions.
"A term limit is a restriction on the number of consecutive terms that a person can serve as a board member. Term limits, if any, are found in the bylaws.
Strict term limits that prohibit owners from serving more than 1 or 2 terms and then are forever barred from serving on the board are generally rescinded as unworkable because of the difficulty recruiting members to serve on the board.
Term limits that allow directors to serve 2 terms and then requiring them to step down for one year allows other owners the opportunity to serve on the board without permanently barring seasoned directors from serving at a later date."
My understanding of this is that term limits may defined in your bylaws with some restrictions.
LarryM3 (California)
Posts: 37
Posts: 37
Posted:
I agree with Rick. Unless your Bylaws restrict the terms, what is the problem ? Davis_Sterling does not restrict term limits. Be thankful they continue to run until someone wants to step forward.
Larry
Larry
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
Someone is willing to step forward, but the old board members did not want to step off. This is the problem.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
To all,
The most telling point in these posts, and I am sure you will agree is:
The fact that the old Board was RE-ELECTED while there was new people seeking the election. I'm afraid this goes beyond any California Laws and demonstrates a lack of support in the association. Most of us will admit that owners in HOA's really do have the power. Given the motivaation, owners can get all bent out of shape if they want to paint their front door black, and they are told they can't do it, that is motivation for a personal agenda.
But we can sit there for years and watch truly destructive harm to fall on our associations, that can also cost a ton of money. We bury our head in the sand and when the Board becomes so entrenched we wonder why. This instance shows even if someone else wants to help, the members are so non-supportive of the new candidates they can't get nominated and/or elected.
The original poster apparently thinks he has cause for concern about the same old faces all the time. Get some new faces, and work hard enough to get them elected. If the board stands in your way and will not support your efforts for fair election, get more support and re-call all or some of the old Board. Is this good for your orgabization? I haven't a clue, but the power is there to effect just about any change you want, just as your neighbor has the same power.
The most telling point in these posts, and I am sure you will agree is:
The fact that the old Board was RE-ELECTED while there was new people seeking the election. I'm afraid this goes beyond any California Laws and demonstrates a lack of support in the association. Most of us will admit that owners in HOA's really do have the power. Given the motivaation, owners can get all bent out of shape if they want to paint their front door black, and they are told they can't do it, that is motivation for a personal agenda.
But we can sit there for years and watch truly destructive harm to fall on our associations, that can also cost a ton of money. We bury our head in the sand and when the Board becomes so entrenched we wonder why. This instance shows even if someone else wants to help, the members are so non-supportive of the new candidates they can't get nominated and/or elected.
The original poster apparently thinks he has cause for concern about the same old faces all the time. Get some new faces, and work hard enough to get them elected. If the board stands in your way and will not support your efforts for fair election, get more support and re-call all or some of the old Board. Is this good for your orgabization? I haven't a clue, but the power is there to effect just about any change you want, just as your neighbor has the same power.
JaneK (California)
Posts: 175
Posts: 175
Posted:
Ricka and Larry are correct. Davis-Sterling does not limit terms. There may be something about term limits in your by laws, but i doubt it.
Jane
Jane
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
I know, but why the old people do not let new people to run for the board???? They have been on board for too long. 6 -20 years.
JaneK (California)
Posts: 175
Posts: 175
Posted:
The only way to get rid of them is to vote them out. Unfortunately apathy rules in many associations.
Check CA Civil Code 1363.03 regarding elections. The board must allow others to run. If they do not allow new people to run, they are in violation of the law.
Jane
Check CA Civil Code 1363.03 regarding elections. The board must allow others to run. If they do not allow new people to run, they are in violation of the law.
Jane
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
Thanks Jane. This is so clear.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Hahn,
What is also clear in this post is: (apparently) if you are going to stand for it, someone will do it to you.
Frankly the whole association needs to have an attitude adjustment. Whoever these old timers or whatever you want to call them squease members out of an election process they are wrong, but for the rest of the member to allow this kind of action by an elected board is just as much at fault. The Board members have one vote for each member, the rest of the association has one vote for each member. Now guess who has the most votes. Don't tolerate this stuff, vote them out, and don't say you have to wait till the annual meeting, read your documents.
There are thousands of HOA in this country, basically the all operate under the same laws. Some association do it well, some fia, take your pick.l
What is also clear in this post is: (apparently) if you are going to stand for it, someone will do it to you.
Frankly the whole association needs to have an attitude adjustment. Whoever these old timers or whatever you want to call them squease members out of an election process they are wrong, but for the rest of the member to allow this kind of action by an elected board is just as much at fault. The Board members have one vote for each member, the rest of the association has one vote for each member. Now guess who has the most votes. Don't tolerate this stuff, vote them out, and don't say you have to wait till the annual meeting, read your documents.
There are thousands of HOA in this country, basically the all operate under the same laws. Some association do it well, some fia, take your pick.l
JeanS1 (California)
Posts: 23
Posts: 23
Posted:
In the new era of the secret ballot, I feel that if the same people are being re-elected then they must be doing something right. Otherwise the votes would go to a newcomer.
But, like others have said, it's a matter of getting someone to serve.
Jean
But, like others have said, it's a matter of getting someone to serve.
Jean
HanhN1 (California)
Posts: 64
Posts: 64
Posted:
Hi Jean, you are right just 50%. There is possibility that a cheating occurs. An example, Management company and re-elected board members are able to create ballots for homeowners who did not return the ballots.
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