HanhN1
Posts: 63
Posts: 63
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?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Board Member
Started by HanhN1 • 15 replies • 1446 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
DonnaS
Posts: 5,596
Posts: 5,596
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
Posts: 63
Posts: 63
Posted:
Yes, the old board got elected again while there were some new people to run.
RickR3
Posts: 42
Posts: 42
Posted:
Where in the Davis Sterling act does it have term limits? I have never seen that.
HanhN1
Posts: 63
Posts: 63
Posted:
It is under Term Limit.
RickR3
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prohibit owners from serving more than 1 or 2 terms and then are forever barred from serving on the board are generally rescinded as unworkable because of the difficulty recruiting members to serve on the board.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prohibit owners from serving more than 1 or 2 terms and then are forever barred from serving on the board are generally rescinded as unworkable because of the difficulty recruiting members to serve on the board.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
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
Posts: 63
Posts: 63
Posted:
Someone is willing to step forward, but the old board members did not want to step off. This is the problem.
RobertR1
Posts: 5,115
Posts: 5,115
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
Posts: 162
Posts: 162
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
Posts: 63
Posts: 63
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
Posts: 162
Posts: 162
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
Posts: 63
Posts: 63
Posted:
Thanks Jane. This is so clear.
RobertR1
Posts: 5,115
Posts: 5,115
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
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
Posts: 63
Posts: 63
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.
🎯 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