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BillD16 (Texas)
Posts: 973
Posted:
It was both easier and more challenging than I expected, but as of tonight, the old President has been kicked out of his seat, and three new Board Members are onboard as President, Vice-President, and Member at Large. And I’m still Treasurer - I tend to view it as a role that nobody especially enjoys, but I sorta like it.

I’m very, very happy. It’s been discussed here before, how if you get on a Board but you’re outnumbered, all you can do is attempt to recruit allies and get them elected to the Board. Well, tonight we did it!

The previous President really wanted to hold on to the job. And I don’t think he realized until just this evening that the 3 new members were opposed to his Presidency.

He had “graciously” offered to stay on as President for an additional couple of months. We thanked him for his offer.

The previous Board members have offered to hold a Transition Meeting to help everyone to get aboard. Not certain that anyone will show up for that - it promises to be primarily a last ditch attempt to pass down their peeves to the new Board.

All I can say is that the future is looking bright!

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MarkR21 (North Carolina)
Posts: 710
Posted:
Why? What was he doing wrong???
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By MarkR21 on 06/29/2022 11:48 PM
Why? What was he doing wrong???

A number of things. The short list would be a) a habit of making policy decisions on his own, without a Board vote; b) ignoring rules when he disagreed with them, but refusing to budge on them when they were in his favor; c) canceling our monthly work meetings ever since last October; and d) disappearing for extended lengths of time, with no explanation, at times when he was needed.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
SheliaH (Indiana)
Posts: 6,964
Posted:
Congratulations! And now, the work begins in turning things around. If these new board members are brand new to running an HOA, I think a transition meeting would help to get them acquainted with how things are run. Not to mention addressing the "short list" of the president's sins - all of you should remember:

1 - all of you have one vote and ONLY ONE vote. Policy decisions must be made as a group - it's ok to vote against it if you feel strongly about the motion, but if the motion passes anyway, it's your responsibility as a board member to do what you can to make the decision work. Time will tell if you were right.

2. All of you are responsible for rule enforcement to be fair and consistent. You don't simply ignore rules because you think they're silly - if it was a rule made via a board resolution, bring up proposals to tweak or drop it. If it's a CCR, you need homeowner approval, so if you're not willing to do the work to educate the homeowners on why the change is necessary, sit down and shaddup.

3. Board members are expected to show up for board meetings on time and prepared to participate in addressing the agenda items. If you can't make it because of an emergency, let someone know what's going on as soon as possible. If you have another committment, be an adult and give the others a heads up. If your life has evolved to where it's hard for you to attend regular meetings, say so and resign gracefully - no one will blame you.

In sum, do what you say you're going to do, when you're going to do it, and do it right. If you can't or aren't willing to do any of that, do yourself and everyone else a favor and say so from the jump!

As far as the previous board members are concerned, you could invite them to the meeting if only to provide information on whatever they were doing as well as turn over important documents, if appropriate. If they try to turn this into a bitch session, remind them politely but firmly you're not here for all that - this is about ensuring an quick and effective transition so the board can continue to do its work (besides they had their chance to do the right thing and didn't - which is why they're now previous board members!) If they don't want to act accordingly, they should drop off their materials and leave.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,061
Posted:
Bill,

Congrats.
BillD16 (Texas)
Posts: 973
Posted:
Thanks, y’all!

(Last week or so someone suggested that others might be interested in hearing about this. For misc reasons I haven’t discussed the matter a lot here - but if anyone has any questions, please ask. Otherwise I’ll keep mum).

I’m happy about how things turned out. A bit sad that the ex-Prez didn’t take the hint and just step down, and so he suffered a certain amount of humiliation. He kept saying “I’ll step down if you want” but kept raising objections or trying to head down rabbit holes or otherwise delay the matter. But we stayed focused and brought the matter to a close.

(Oh, the Subject: line is from an old Emerson, Lake & Palmer song. Funny what sticks in yer head in the evening)

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KerryL1 (California)
Posts: 14,550
Posted:
Very happy for you & your community, Bill! I didn't have time to read all comments, but I think it'd be wonderful if you'll inform readers how you found suitable candidates; how you campaigned for a new board
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By BillD16 on 06/30/2022 8:34 AM
Thanks, y’all!

(Last week or so someone suggested that others might be interested in hearing about this. For misc reasons I haven’t discussed the matter a lot here - but if anyone has any questions, please ask. Otherwise I’ll keep mum).

I’m happy about how things turned out. A bit sad that the ex-Prez didn’t take the hint and just step down, and so he suffered a certain amount of humiliation. He kept saying “I’ll step down if you want” but kept raising objections or trying to head down rabbit holes or otherwise delay the matter. But we stayed focused and brought the matter to a close.

(Oh, the Subject: line is from an old Emerson, Lake & Palmer song. Funny what sticks in yer head in the evening)

BillD

Hm, I only have one ELP album - Works, volume 1. I might have gone with their version of Fanfare for the Common Man

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By KerryL1 on 06/30/2022 8:54 AM
Very happy for you & your community, Bill! I didn't have time to read all comments, but I think it'd be wonderful if you'll inform readers how you found suitable candidates; how you campaigned for a new board

I guess it depends on how you define "suitable". For me, "suitable" was anyone who would even consider running for the Board. I took advantage of our unofficial neighborhood FB page. If I encountered anyone who seemed public-spirited - they were baking pies for the homeless, say - I'd PM them and ask "Have you ever considered a bold, exciting new career in the field of neighborhood management?" (or something like that). Met a lot of good people ... almost all of them didn't think they could manage the time commitment. And I was pretty upfront that this was a gig that could eat up some time, and that "volunteer" didn't mean "half-assed". I mean, I was nice about it, but for me it was a minimum requirement. And even if they didn't want to participate, there was arguably a lot of value in just talking to people and getting to know them.

Eventually it came down to 4 people. One had last minute health issues and had to drop out before the election. But 3 candidates -> 3 open slots, it worked out well. We used online voting and each candidate scored at least 110 votes, which was nice.

I didn't do any actual "campaigning" - I figured the 3 candidates would all get on the Board, and things would progress from there. One of the candidates is a former Board President who has vast experience and street cred. He was the obvious choice for President. Which is cool by me; I want to see some change, but I'm not especially interested in power or title.

That's about all there is to it. In the words of the immortal Tom Petty: "The waiting is the hardest part". It took a lot of time and patience. And it's still not over, we're just beginning. But it's a Good Start.

BillD

PS to SheliaH: it's "Karn Evil 9: Third Impression" off of Brain Salad Surgery.

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
EdwardD4 (California)
Posts: 99
Posted:
Congrats. If you read any of my posts, our HOA President is narcissistic piece of donky you know what. He has been serving for over 2 decades and believe he is God and owns our community.
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By EdwardD4 on 07/03/2022 11:33 PM
Congrats. If you read any of my posts, our HOA President is narcissistic piece of donky you know what. He has been serving for over 2 decades and believe he is God and owns our community.

Edward, I can’t find your posts.

I’m curious: how has he managed to hang on to the job for 20+ years?

How big is your community?

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KerryL1 (California)
Posts: 14,550
Posted:
I'm not familiar with Edward's posts, either. Why not start a new thread. Tell us if you're on the board, size of your HOA, when your next annual meeting & elections will be, etc?
KerryL1 (California)
Posts: 14,550
Posted:
Can you offer wording about what Owners could vote on to change the Bylaws? Owner already can vote to recall directors. But you must have 2-3 three ideas for specific bylaws???
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By ThadC2 on 07/04/2022 4:03 PM
and first order of business should be revising bylaws so it is easier to get rid of bad board members.

Expecting that the Association is incorporated, most are, Corporate statutes apply and specify how board members can be removed.
Typically, only the membership can remove an elected Director and the Board can remove an appointed Director.
KerryL1 (California)
Posts: 14,550
Posted:
Probably is typical. But now in CA HOAs, only the membership can remove even directors appointed by the Board. I like this.
KerryL1 (California)
Posts: 14,550
Posted:
Recall in non-profits in CA must adhere to CA Corporations Code. so chain our bylaws won't help?

I've noticed you've compared non-profits to for -profits Orgs (i.e., "businesses) and to public organs. It's logical to stick with non profit laws. What o FL laws say about recall, Thad? Or your bylaws? What % of owners does it take to change your Bylaws?
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By ThadC2 on 07/04/2022 5:04 PM

aware of that, pass a amendement to lower the % of membership from what ever crazy high number it is most likley 50% or more to something much smaller. states can recall thier governor with just a 12% amount, why should a tiny hoa require 50% or more. it's ridiculous and such a high barrier that it allows bad boards to stay in power for far too long.

On the other hand, last year the President of the Board threatened to get me kicked off of the Board, but couldn’t do it because he couldn’t get the votes.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
LaskaS (Texas)
Posts: 1,025
Posted:
congradulations bill!
LaskaS (Texas)
Posts: 1,025
Posted:
congradulations bill!
LaskaS (Texas)
Posts: 1,025
Posted:
congradulations bill!
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By LaskaS on 07/05/2022 12:38 AM
congradulations bill!

Thank you!

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thad's objective is to remove power from the BOD.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thad's objective is to remove power from the BOD.
TimB4 (Tennessee)
Posts: 21,061
Posted:
I have seen things vary and it is often tied to corporate statutes on the number to recall.

However, the covenants or bylaws specify the number of signatures to hold a special meeting of the membership.

Typically, once there are enough signatures to hold a meeting, then the number of people who actually show up and cast a ballot isn't relevant except for quorum purposes. A majority vote will typically remove a director.

Perhaps you intended to say amend the documents to adjust what is needed for a quorum.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
FYI

Typically there will be a minimum number of owners required to hold a Special Meeting. Say 20% of all owners. 50 out of 250 owners as an example.

Typically a Special Meeting to remove an elected director(s) must also name their replacement(s). Recall John Smith and replace with Susan Jones as an example.

It will take a majority of the member at the meeting voting to remove a BOD Member(s). In the above example of 50 owners, it would take 26 owners voting yea to remove John Smith and replace him with Susan Jones.

Typically any person appointed to the BOD by the BOD (say fill a vacancy) can be removed by a vote of the BOD alone.
BillD16 (Texas)
Posts: 973
Posted:
Quote:
Posted By JohnC46 on 07/05/2022 7:59 AM
Thad's objective is to remove power from the BOD.

I get it. I don't have any Deep Thoughts on it except that

- sometimes the rules work in your favor; and

- sometimes they don't.

Okay, I'll toss this in, too: sometimes ya go through X amount of grief to change the rules, only to find the opposition screwing you even *harder* with the new rules. My point being to put a LOT of thought and work into developing and deciding the changes you want to implement. If you're looking at change, it can be extremely difficult to step back and examine the playing field from your opponent's POV. But you really want to try to do that. My only practical advice is getting more brains on the problem.

I know this is very hand-wavy high-level pollyanna 'advice'. But I've had the rug pulled out from under me. It's not fun.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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