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NpB (Arizona)
Posts: 605
Posted:
What are your opinions on term limits for HOA Board members? Do you think it alleviates an entrenched ideology?
TimB4 (Tennessee)
Posts: 21,059
Posted:
It can.

It will also depend on how many members are actually willing to serve.
If you have very few willing to serve, term limits can be an issue.
TimB4 (Tennessee)
Posts: 21,059
Posted:
If you are going to have term limits.
It would be best to specify something along the lines of no one can serve as Director for more then x consecutive years.
VS
No one can serve more then x years.

One allows an individual to serve again.
The other prohibits them from serving again.

I would even change serve to elected - as this can allow appointments if there is nobody willing to step up.
MichaelT21 (Arkansas)
Posts: 200
Posted:
Term limits are a terrible idea because my understanding is most communities have few people who are willing to do the job.
ElleN (Idaho)
Posts: 4,420
Posted:
Term limits oppress the wishes of owners who gather enough votes for the people the owners want on the board.
KerryL1 (California)
Posts: 14,550
Posted:
If there's difficulty getting members to serve on the Board, don't do it. If you do do it, which requires a change of your Bylaws, take Tim's advice and set limits like after two full terms, the person can't run for a board position again until after a one or two-year break.

What is an entrenched "ideology" vs an entrenched Board?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am in favor of term limits when I do not like who is in office. I am against them when someone I like is in office. People should be allowed to vote for who they want even if they elect fools.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC46 on 01/09/2023 1:23 PM

I am in favor of term limits when I do not like who is in office. I am against them when someone I like is in office.

Best Statement Ever on the topic!
SheliaH (Indiana)
Posts: 6,964
Posted:
I think they're unnecessary. You already have an opportunity to vote people in or out as needed - people have to get off their butts and exercise their right to vote. I know there are rouge board members who try to game the system to keep power, but that's when the rest if the homeowners have to stand up and fight that. I've always thought it weird that a handful of people can scare the daylights out of large communities - math tell you that the homeowners far outnumber the board, so what's with this intimidation business?

Sooner ir later, everything ends - even that board member who's been around 20 years or do will wake up one day and decide enough is enough. And if he or she doesn't come to that conclusion on their own, life has a strange way of forcing them to see the light. The problem is people get so wrapped up in association business, they think things will go to shit if they aren't around. We need to talk more about recruiting new board members who will build on what the current group has done.

It's not about being a clone, but keeping what works and seeing what new ideas can be adsote. de about bringing in new board members. It won't be easy, especially when you have to start by realizing part of the appeal of living in a HOA is that we believe the developer when it says "you won't have to worry about X, Y or Z; the association takes care of all that for a low assessment" of course we know how THAT ends.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JackieB4 (California)
Posts: 398
Posted:
John, Tim, Sheila. The three of you make this forum so fun to read. Thanks.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
https://www.news-press.com/story/marketplace/real-estate/2021/06/05/new-law-lays-term-limit-debate-rest/5289255001/

florida has 8 year term limit. Those in power always think term limits are unecessary. Take a look at Ralph Norman US Rep for SCarolina. Campaigned on term limits, but apparently after 12 years in congress has changed his mind.

term limits are fair, only those power hungry think they and others should be allowed to be in authority for as long as they want.

those that change their opinion on the matter depending on whom's in office lack integrity.


vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
What Wendy provided is what I call another "feel good" law.

It's a law that again has zero teeth and doesn't really do anything.

Per the article Wendy pointed to, term limits can be over-ridden by:

1) There are not enough volunteers to run for the seats.

2) The member wins election by at least 2/3 of the votes cast OR (depending how one reads the statute)
The Association votes to overturn term limits for an individual by 2/3 of the votes cast.

Therefore, the Legislature can feel good about themselves and the Association can still continue as they were providing nobody is willing to serve or if 2/3 of the members who actually vote at the annual membership meeting like the individual.

WendyM5 (North Carolina)
Posts: 1,522
Posted:
Board president serves 8 years and wants to be president till she dies.
Other community members want to be president because existing president is hawkish and rules with an iron fist. Community has tried to oust her, but obtaining 66% of community signatures is extremely hard.
On the other hand it's extremely easy for board to keep on reappointing the president who doesnt' have to get quorum or work at all to get reelected.

after 8 years other members can oust her by default, no need to spend weeks trying to meet quorum that was set super high.

frankly it should be every 2 years.

the law has teeth

assuming every HOA is apathetic is just a lame premise to promote a misinterpretation of how the law can be effective.

vis ta vie
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm firmly in the "it's unnecessary and often counterproductive" camp. It may force you to get rid of dictator (*), but it will also force you to get rid of the competent director who wants the job.
Not only are people who are willing to serve often in short supply, the ones with the necessary skills and temperament are even harder to find.

It's somewhat ironic that lawmakers apparently enacted such laws as a recognition that homeowners as a whole are too lazy or apathetic to remove entrenched directors - while failing to recognize that these lazy or apathetic owners aren't going to volunteer to replace the ousted board members. Then what? Heigh-ho, heigh-ho, it's off to receivership we go? Too many people make decisions looking at the short term results without thinking about how the decisions will play out over time or under different circumstances.

(* I also think any dictator worth their salts will also be savvy enough to get around this, especially if the term limits aren't a lifetime ban.)

WendyM5 (North Carolina)
Posts: 1,522
Posted:
the problem is when you ask questions on this forum, you are getting the opinions of people who are mostly board members.

the general public supports terms limits for offcials almost universally. some will argue that HOA board members are a company and not a government, but the reality is that most HOA members see the HOA as a form of government, not as a private company.

Support for term limits is universal among voters and breaches political, geographic and demographic divides. Eight-in-ten voters, 80%, approve of placing term limits on members of Congress.


vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
Wendy,

Why can't you simply agree to disagree and move on?

MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 5:56 AM
the problem is when you ask questions on this forum, you are getting the opinions of people who are mostly board members.

the general public supports terms limits for offcials almost universally. some will argue that HOA board members are a company and not a government, but the reality is that most HOA members see the HOA as a form of government, not as a private company.

Support for term limits is universal among voters and breaches political, geographic and demographic divides. Eight-in-ten voters, 80%, approve of placing term limits on members of Congress.


There are two differences between members of Congress and HOA Board members:

1. Many people want to serve as members of Congress; while few people want to serve on HOA Boards
2. Members of Congress get paid; HOA Board members do not.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy and Tim said.

I’ve seen statistics that say people support term limits but let’s be real – people will SAY they support term limits for everyone else, except….their representative. Politicians say damn near anything to get elected and go back on their word almost immediately after being sworn in, so why are you surprised that Ralph Norman changed his tune on the subject? It’s fun being referred to as “the honorable Mrs. M”, getting fancy meals paid for by some lobbyist and being a guest of another at the Super Bowl (and you received a ride on a Lear jet to boot and sat in the owner’s suite!)

Likewise, people fall in love with the title of HOA board member or treasurer and are only interested in that, and nothing else. If you have a Board president who acts like she wants the job until the angels bugle her up to the Creator (or the other guy), the rest of the board can vote her out of the position and everyone else can vote her off the board at the appropriate time.

So why hasn’t it happened after eight years???? You also said the community has tried to get rid of her, but it’s hard to get 65% of community signatures. I would agree that’s a ridiculous number – it sounds more like something you’d see for an amendment to the documents. But if that’s what it is, the percentage who wants her gone will have to keep working at it or at least pressure the other board members to keep her in check. That of course requires work, and as I said earlier, the major problem with HOAs is that they lull people into this sense that someone else will do the job or fix the problem (for as cheap a price as possible) while they stay home and play in the pool or watch TV.

The voters could have held Norman to his word, but they haven’t, and until people are held accountable, human nature dictates they will continue to do whatever they can get away with. We all have done it, are doing it, or are about to get started. So we're back to the apathy issue - unless and until that gets fixed, term limits won't resolve anything.

PS – everyone gives their opinions on this website, and you can agree or disagree with some, none, or all of them, so why so salty?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MichaelT21 on 01/10/2023 6:37 AM

There are two differences between members of Congress and HOA Board members:

1. Many people want to serve as members of Congress; while few people want to serve on HOA Boards
2. Members of Congress get paid; HOA Board members do not.

Don't forget that, at the federal level, if they can serve for 5 years, they are eligible for a pension at age 62.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Regardless of how homeowners view HOA governance, I think it's a mistake to tailor laws to cater to their misconceptions. If people's views are incorrect, you educate them - you don't hamstring an organization because members don't understand the purpose or functioning of that organization.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Also, it can be misleading to compare HOA governance to state or federal government.

Our states and country aren't corporations and HOAs aren't democracies, for one thing. But the big difference is that term limits were enacted in part because of the huge gap between the powerful moneyed class and the electorate.

This doesn't come into play in an HOA. Sure, there are campaign promises in HOA elections but these tend to be pretty mundane things, such as a board candidate supporting different spending priorities or loosened up architectural standards. I've never heard of a person running for a board position actually paying for votes, although I suppose somebody somewhere has done it. There simply isn't the motivation to be elected to a side hustle that pays nothing and makes you the target of a whole lot of grief from your neighbors.

Money buys candidates and influences the outcome of state and federal elections. This just doesn't happen in HOAs. Laws that deal with the consequences of the first make no sense in the second context.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 4:30 AM
Board president serves 8 years and wants to be president till she dies.
Other community members want to be president because existing president is hawkish and rules with an iron fist. Community has tried to oust her, but obtaining 66% of community signatures is extremely hard.
On the other hand it's extremely easy for board to keep on reappointing the president who doesnt' have to get quorum or work at all to get reelected.

after 8 years other members can oust her by default, no need to spend weeks trying to meet quorum that was set super high.

frankly it should be every 2 years.

the law has teeth

assuming every HOA is apathetic is just a lame premise to promote a misinterpretation of how the law can be effective.

In one HOA I was in a group of us had some issues with the BOD and the Pres in particular. We banded together and started a move to get a few of our thinking on the BOD. We set up an information table at the pool. We held local informational meetings in peoples homes. We collected proxies. We had to work at it, not just bytch about it.

It took us two election cycles. First year we got two on a BOD of 7 which was enough to deny the existing Pres being elected Pres again though he was still on the BOD. Next election cycle we got two more elected and we were in control. It takes hard work but the ability and framework to do so is there.

KerryL1 (California)
Posts: 14,550
Posted:
Our HOA members did the same as JohnC, Wendy. Twice 13 years apart. I think his story should be retold a lot because owners banding together CAN get rid of rogue boards in associations.

Btw, why do owners in your HOA, Wendy, keep electing this woman to the board every 2 (or 3?)years???
CathyA3 (Ohio)
Posts: 6,299
Posted:
Rule of thumb: if you're trying to convince your neighbors that there is a problem and most of them are going "meh", at least consider the possibility that they don't believe there is a problem.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.

vis ta vie
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.

I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.

probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.
On this same poll, ask how many people are willing to take the several legal steps required to arrange a vote on an amendment that will impose term limits. How many would be willing to just pound the pavement to get candidates running for the board who vow they will arrange for a vote on an amendment to impose term limits.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 5:27 PM
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.


probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.

Our HOA was responsible for all exteriors, roofs, sidewalks, driveways, porches, patios, etc for 144 side by side condos. It also was responsible for roads, tennis courts, pool and clubhouse. Not to mention over 40 acres of land and all yards that we maintained. The stakes were high and yet no one was willing to step up and serve. You have a habit of thinking everything is black and white in the HOA world and that is simply not the case. Our residents were on average well past 70 and they simply didn't want to serve. Term limits in environments like this are a problem.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 01/10/2023 5:27 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.
On this same poll, ask how many people are willing to take the several legal steps required to arrange a vote on an amendment that will impose term limits. How many would be willing to just pound the pavement to get candidates running for the board who vow they will arrange for a vote on an amendment to impose term limits.

probably the same as the number of SOCTUS judges who will voluntarily retire after a theoretical proposed 10 year term, even though polling indicates that's what the vast majoirty of Americans want.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By JohnT38 on 01/10/2023 5:36 PM
Posted By WendyM5 on 01/10/2023 5:27 PM
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.


probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.


Our HOA was responsible for all exteriors, roofs, sidewalks, driveways, porches, patios, etc for 144 side by side condos. It also was responsible for roads, tennis courts, pool and clubhouse. Not to mention over 40 acres of land and all yards that we maintained. The stakes were high and yet no one was willing to step up and serve. You have a habit of thinking everything is black and white in the HOA world and that is simply not the case. Our residents were on average well past 70 and they simply didn't want to serve. Term limits in environments like this are a problem.

my bad, but to be fair thats a COA, not an HOA. apples to oranges.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By JohnT38 on 01/10/2023 5:36 PM
Posted By WendyM5 on 01/10/2023 5:27 PM
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.


probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.


Our HOA was responsible for all exteriors, roofs, sidewalks, driveways, porches, patios, etc for 144 side by side condos. It also was responsible for roads, tennis courts, pool and clubhouse. Not to mention over 40 acres of land and all yards that we maintained. The stakes were high and yet no one was willing to step up and serve. You have a habit of thinking everything is black and white in the HOA world and that is simply not the case. Our residents were on average well past 70 and they simply didn't want to serve. Term limits in environments like this are a problem.

my bad, but to be fair thats a COA, not an HOA. apples to oranges.

vis ta vie
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimB4 on 01/10/2023 6:04 AM
Wendy,

Why can't you simply agree to disagree and move on?


CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By WendyM5 on 01/10/2023 5:41 PM
Posted By JohnT38 on 01/10/2023 5:36 PM
Posted By WendyM5 on 01/10/2023 5:27 PM
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.


probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.


Our HOA was responsible for all exteriors, roofs, sidewalks, driveways, porches, patios, etc for 144 side by side condos. It also was responsible for roads, tennis courts, pool and clubhouse. Not to mention over 40 acres of land and all yards that we maintained. The stakes were high and yet no one was willing to step up and serve. You have a habit of thinking everything is black and white in the HOA world and that is simply not the case. Our residents were on average well past 70 and they simply didn't want to serve. Term limits in environments like this are a problem.


my bad, but to be fair thats a COA, not an HOA. apples to oranges.

So I guess HOAs don't need to collect assessments, pay bills, make sure you're insured properly, prepare financial statements, file tax returns, renew the HOA's corporate status, initiate collections/foreclosure for the non-payers, etc. etc.

The community manager will do all that, you say?

Oh wait, you don't have a community manager - there was no board, so nobody has the authority to hire one, and no manager worth anything would be willing to take on a disorganized and woefully uninformed mob.

Before you decide to burn it all down, you probably ought to make sure it's not your own house that's being torched.

/smh
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By CathyA3 on 01/11/2023 5:01 AM
Posted By WendyM5 on 01/10/2023 5:41 PM
Posted By JohnT38 on 01/10/2023 5:36 PM
Posted By WendyM5 on 01/10/2023 5:27 PM
Posted By JohnT38 on 01/10/2023 5:20 PM
Posted By WendyM5 on 01/10/2023 5:12 PM
I'm willing to bet if there was a poll of HOA members the same 80% of people that support terms limits for congress would also support term limits for HOA board members.

limits deffinetely bring in new blood and a new way to how the HOA is run.


I'm willing to bet that 80% of my community would support term limits for the Board despite the fact that no one was willing to step up and run for one of the seats. On multiple occasions we came dangerously close to not having the minimum amount of Board members.


probably because they think the world wont' end if there is no board. For HOA's with few ammenities or common grounds this might be true.


Our HOA was responsible for all exteriors, roofs, sidewalks, driveways, porches, patios, etc for 144 side by side condos. It also was responsible for roads, tennis courts, pool and clubhouse. Not to mention over 40 acres of land and all yards that we maintained. The stakes were high and yet no one was willing to step up and serve. You have a habit of thinking everything is black and white in the HOA world and that is simply not the case. Our residents were on average well past 70 and they simply didn't want to serve. Term limits in environments like this are a problem.


my bad, but to be fair thats a COA, not an HOA. apples to oranges.


So I guess HOAs don't need to collect assessments, pay bills, make sure you're insured properly, prepare financial statements, file tax returns, renew the HOA's corporate status, initiate collections/foreclosure for the non-payers, etc. etc.

The community manager will do all that, you say?

Oh wait, you don't have a community manager - there was no board, so nobody has the authority to hire one, and no manager worth anything would be willing to take on a disorganized and woefully uninformed mob.

Before you decide to burn it all down, you probably ought to make sure it's not your own house that's being torched.

/smh

your millage may vary, mea cupa. Fact of the matter is that almost all COAs are highly in need of a board due to the close living quarters and shared amenities. The same might be true or not be true for an HOA. In many cases if an HOA board disappeared it would not effect smaller neighborhoods much. Say neighborhoods with less than 150 homes with only a park as an amenity. Kind of like how how neighborhoods exsisted befroe HOA's came about.


vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
for example: I've heard zero stories of a COA going inactive then being reactivated
I've head many stories of an HOA going inactive then being reactivated on the other hand is the point I was trying to make

vis ta vie

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