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Board will not let President preside over annual meeting - hiring non-Board related attorney to do so

Started by RogerJ114 replies • 376 views

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RogerJ1 (Texas)
Posts: 550
Posted:
My POA will have an annual meeting in a few weeks. Our bylaws state, "The President will preside over all meetings of the Association." The President wants to preside but the Board voted 3-1 to hire an attorney to preside in place of the President.

I just talked to the President to confirm all this. She wants to preside but the Board does not want her to preside. She does not know the true motives behind this but the given reason is they do not think she can handle controversy if there is any. The attorney being hired to preside over the meeting is NOT the Board's attorney - it is some attorney the Board director, who is directing all this, knows.

Any thing that can be done about this - or do those 3 just get there way on this?
SheliaH (Indiana)
Posts: 6,964
Posted:
I take it you're not on the board, so you need to go to that meeting (with neighbors who feel as you) and demand answers. I also suspect the president may have a good idea what's behind this, but doesn't want to say - maybe she DOES have a tendency to let people run over her and dominate the meeting to where nothing gets done. Have YOU attended any meetings lately - if so, what have you seen?

If keeping order is a problem, I think bringing in the attorney is rather heavy handed - why not let the vice president take over? As for the board member who appears to be pushing this, well, you know the answer to that. It may be time to vote HIM off the board. Remember, you can't have one or two people dominate everything unless everyone else around them allows it to happen.

If you're on the side of the president, great - now go to the meeting and raise hell!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
Techniiicalllly, the right way to do this is for "those 3" to remove the person who is the President and appoint a new President, who agrees to let the attorney preside. (The attorney, who is not of counsel to the HOA, presiding is a stupid move all by itself, but please start another thread to address this.)

Bottom line: While these three are being slovenly, they are a majority, and IMO one way or another they arguably can choose the person who presides. "Arguably" meaning it would be a long drawn out dispute to shut them down. The HOA attorney has to take their side, since they are in the majority.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Too much drama. Without knowing the details of what prompted this, speculating will likely lead us astray.

Your bylaws probably will have an article that allows the board to delegate some of their tasks, and presiding at meetings is a task that often is delegated. Not everyone is skilled at running meetings, and as board president I used to delegate this one regularly. In addition, one of the services offered by our attorney was running the annual meeting.

In addition, the board president doesn't have any more authority that the other directors. (Many homeowners mistakenly believe that he/she does.) Each director gets one vote. If the other directors are in agreement about what should happen, the president is outvoted - the others do indeed "get their way", it's how this stuff works.

So none of this strikes me as a obvious problem. (And if the president is "telling tales out of school", that may be a hint of why the other directors have taken this step.)
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By RogerJ1 on 01/28/2022 7:49 AM
My POA will have an annual meeting in a few weeks. Our bylaws state, "The President will preside over all meetings of the Association." The President wants to preside but the Board voted 3-1 to hire an attorney to preside in place of the President.

I just talked to the President to confirm all this. She wants to preside but the Board does not want her to preside. She does not know the true motives behind this but the given reason is they do not think she can handle controversy if there is any. The attorney being hired to preside over the meeting is NOT the Board's attorney - it is some attorney the Board director, who is directing all this, knows.

Any thing that can be done about this - or do those 3 just get there way on this?

HOA members vote for the Board of Directors. The Board then votes on the positions of the board held. They can vote to change those positions at any time.

"it is some attorney the Board director, who is directing all this, knows."

What/who is a "Board Director"?

KerryL1 (California)
Posts: 14,550
Posted:
In a different post, Roger wrote that a racist event occurred via a Zoom attendee. Clearly the presider erred by not muting the offender immediately, so did not control the situation. Perhaps this is the background to the Board majority wanting an attorney to preside.

That it's not the HOA attorney IS baffling. I don't think just any type of attorney knows how to preside at an association's annual membership meeting.

What's also unusual is that Roger says elsewhere that his agenda item -- to hire a different MC-- is on he annually meeting agenda. I don't under this. Doesn't only the board decide who to hire, Roger? And this will not be a board meeting, right, Roger?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Obviously Roger's BOD does not believe the President is capable of handling the meeting. So be it.

My question is, is it proper for the BOD to bring in another person in to preside be they a lawyer or not.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'd forgotten about the racist incident. In that case it makes sense to have the attorney present and running the meeting.

My take on this is that the board president is more interested in saving face and/or staking out territory than she is in protecting her HOA from a situation that could easily blow up into something worse and very expenSive. The president did not respond effectively and homeowners need to understand that such behavior will not be tolerated. I expect the attorney will explain in detail just how much it could cost the HOA if they don't straighten up and fly right.

I say good for the board members who took this step.

RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By CathyA3 on 01/28/2022 9:42 AM
I'd forgotten about the racist incident. In that case it makes sense to have the attorney present and running the meeting.


The moderator of that meeting is the director (Secretary) that is steering all this, not the President. The President was driving in her car during that meeting, and again, the director who is steering all this was the Zoom operator/administrator for that meeting.

The Zoom moderator is the same director who has caused four different directors to quit in the last two years. The same director that many residents literally say they hate...not dislike or not trust, but they literally say "hate."
HenryS7 (Pennsylvania)
Posts: 336
Posted:
What??

The President, who should be presiding over a meeting, was calling in to the meeting from her car?

That is not presidential, to say the least.
SheliaH (Indiana)
Posts: 6,964
Posted:
It might not be the most presidential thing, but it was a Zoom meeting and so anyone can log on and be anywhere (the car, the basement with the TV on mute, the bathroom doing whatever....)

I also forgot about the racist episode - seems the board has at least one person (the secretary) who's causing drama and the president who apparently can't or refuses to stand up to her (this also applies to the remaining board members who are just sitting there and letting all this happen). Maybe the association should just sack the entire lot and start over.

And yes, Roger, YOU may have to throw your hat in the ring and be one of the homeowners who step up - from your questions, I think you KNOW what the problem is and how to resolve them, but may or may not have the nerve to say so to your neighbors. It's hard and scary to be the one who points this out, but the great things that happen in this world usually start with one person. You'll just have to decide if that person is you. In fact, it may be you will have to be the one to get things going, otherwise this will continue.....


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Given all of Roger's posts and I won't re-read them he does like to complain about the board a lot. I'm with Shelia here. Time for Roger to take joint action with others or stay in the shadows and gripe.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 01/28/2022 12:23 PM
Given all of Roger's posts and I won't re-read them he does like to complain about the board a lot. I'm with Shelia here. Time for Roger to take joint action with others or stay in the shadows and gripe.

I agree.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By HenryS7 on 01/28/2022 10:36 AM
What??

The President, who should be presiding over a meeting, was calling in to the meeting from her car?

That is not presidential, to say the least.

All participants were remote. The meeting started at 6:30PM my time. At 6:30PM major roads in Houston are in grid lock - many people are not home nor at HOA meetings at that time.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By RogerJ1 on 01/28/2022 3:03 PM
Posted By HenryS7 on 01/28/2022 10:36 AM
What??

The President, who should be presiding over a meeting, was calling in to the meeting from her car?

That is not presidential, to say the least.


All participants were remote. The meeting started at 6:30PM my time. At 6:30PM major roads in Houston are in grid lock - many people are not home nor at HOA meetings at that time.

For the meetings that I run, I have a 30 page powerpoint presentation that we walk through during the 90 minute meeting. It is a pain to make but helps guide the conversation and makes for our meetings to be very purposeful and beneficial and allows us to make good decisions quickly and efficiently.

I cannot imagine trying to run a meeting from the car.

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