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JimR31 (South Carolina)
Posts: 5
Posted:
Can a transition board member be removed ??
CathyA3 (Ohio)
Posts: 6,299
Posted:
How do you define "transition board member"?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By CathyA3 on 07/09/2022 12:35 PM
How do you define "transition board member"?

In addition what do your CCR'S say about removing Board members?
KerryL1 (California)
Posts: 14,550
Posted:
Do your Bylaws discuss "transition" board members? Or your state's corporations codes? I'm guessing someone in your HOA made up this title.

Are you on the Board??
JimR31 (South Carolina)
Posts: 5
Posted:
We haven't excepted the Property from Builder and the management company appointed 5 residents to what they call Transition board members till we have an election
JimR31 (South Carolina)
Posts: 5
Posted:
No I'm Not on the Board
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By JimR31 on 07/09/2022 3:51 PM
We haven't excepted the Property from Builder and the management company appointed 5 residents to what they call Transition board members till we have an election

That’s a pretty wild scenario. The property manager, I am quite sure, has no authority to assign a board.

I think you need to read your bylaws and go from there.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By JimR31 on 07/09/2022 3:51 PM
We haven't excepted the Property from Builder and the management company appointed 5 residents to what they call Transition board members till we have an election

That’s a pretty wild scenario. The property manager, I am quite sure, has no authority to assign a board.

I think you need to read your bylaws and go from there.
KerryL1 (California)
Posts: 14,550
Posted:
With David, read your bylaws about the change from a developer controlled to Owner-controlled association.

I agree that the PM could assign owners to a "board" doesn't seem right unless there's some sort of signed document from the developer stating that. Or, gain, there might be something in your bylaws.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Adding to what others have said, a common scenario is that homeowner positions on the board are tied to sales milestones. For example, for a community with a three-person board, 25% sold = 1 homeowner on the board, 50% sold = 2 homeowners, and 75% sold = full homeowner control. In my experience, the first homeowner *may* be appointed by the developer/builder/Declarant (and possibly by the property manager acting as an agent for the Declarant) but the others are elected by the homeowners at the annual meeting.

At the communities I've lived in, we began having annual meetings almost as soon as homes were being sold, and all homeowners on the board were elected by the membership at the meeting. Personal opinion: the sooner homeowners get the idea of how this stuff works, the smoother the transition.

It doesn't sound like the OP's community did things this way.

But to answer the OP's question, read the governing documents - especially the bylaws - to see what it says about elections of board members and transition to homeowner control. Also pay attention to bow appointed board members are handled (sometimes elected board members are handled differently from appointed ones).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim
If still under Declarant control, it is common for the Declarant to appoint the BOD. Owners have no control concerning who is on the BOD.
KerryL1 (California)
Posts: 14,550
Posted:
But, JohnC, the OP wrote that the PM appointed this board, not the declarant.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 07/10/2022 12:15 PM
But, JohnC, the OP wrote that the PM appointed this board, not the declarant.

True, but the OP said they had not accepted the property from the builder thus they are still under Declarant control and I expect the MC is speaking for the Declarant.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnC46 on 07/10/2022 12:42 PM
Posted By KerryL1 on 07/10/2022 12:15 PM
But, JohnC, the OP wrote that the PM appointed this board, not the declarant.


True, but the OP said they had not accepted the property from the builder thus they are still under Declarant control and I expect the MC is speaking for the Declarant.

That was my take on it.

People who are new to HOA living can misunderstand what they're looking at. For example: notification coming from the MC can lead people to assume that the MC was the one responsible when the agent was actually acting at the Declarant's direction.

KerryL1 (California)
Posts: 14,550
Posted:
I thought of that, too, but did add, the OP should be able to see some documentation that the PM has that authority. The OP should have the right to read the contract with the developer & the MC.

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