MaryW23 (Georgia)
Posts: 3
Posts: 3
Posted:
The current board members are trying to recruit new members for the annual meeting/election. The HOA is a cooperation with covenants. No one wants to serve on the board. What do you suggest?
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No one want to serve on the board
Started by MaryW23 • 6 replies • 558 views
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MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
Threaten receivership. That will cost everyone a ton of money and then people will be motivated to join the Board.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Run for the board.
Former HOA President
MaryW23 (Georgia)
Posts: 3
Posts: 3
Posted:
Thank you for your replies. I have previously served on the board for nine years and I think it’s time for someone else to step up. The president that replaced me resigned and the second vice president resigned. We are in a rural area and have not been able to find a management company or an attorney that handles HOA’s.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Michael and Melissa said. I know you've been on the board for some time (I served 10 years on mine), so you might want to talk to your neighbors and see who might be interested. Sometimes, people are afraid of the work involved, but if you and your current (and former) colleagues planned your work and worked the plan, it may not be as cumbersome as others think. The former board members can always serve as a resource if the newbies have questions. Better yet, go to the CAI website and get some educational documents on board member duties. Between that and looking at the community documents (which dictate how most things are supposed to go). that should make people a little more comfortable. If they can commit to at least one year, that may give you time to look for more people.
Receivership is something you want to avoid under any circumstances. In case you don't know, the last board member left standing could go to court and ask that a receiver be named to run the association. The rest of you would have to pay those court costs and attorneys' fee, along with the receiver's fee (that will be costly). The homeowners would have NO SAY in how the community is run because the receiver only answers to the judge. If assessments have to be increased a lot to pay the association's bills, that's what the receiver will do and your only choice will be to open your pocketbook. You can try to sell, but who would buy into a community where the homeowners don't have any control because they were too lazy to serve on the board?
I dont know what you have in the way of common areas, but if there isn't very much and someone's willing to buy it and take that over, you and your neighbors might be able to vote to dissolve the association. You can't just quit - there is a process to this, and you'll need an attorney to discuss the pros and cons before you make a decision. The reason you have to address the common area is because if someone were to come along and get injured on it, he or she could sue the association. If you don't have a board to oversee the association's affairs, all of you, as association members, become personally liable.
It's scary, but sometimes people need to be scared into doing the right thing. You may need to spread your net out in a bigger area to find an attorney, but find him or her and run some numbers, then hold a special homeowners meeting and preach the Word, as it is. If no one responds, you may have no choice but to pull the trigger on receivership.
Receivership is something you want to avoid under any circumstances. In case you don't know, the last board member left standing could go to court and ask that a receiver be named to run the association. The rest of you would have to pay those court costs and attorneys' fee, along with the receiver's fee (that will be costly). The homeowners would have NO SAY in how the community is run because the receiver only answers to the judge. If assessments have to be increased a lot to pay the association's bills, that's what the receiver will do and your only choice will be to open your pocketbook. You can try to sell, but who would buy into a community where the homeowners don't have any control because they were too lazy to serve on the board?
I dont know what you have in the way of common areas, but if there isn't very much and someone's willing to buy it and take that over, you and your neighbors might be able to vote to dissolve the association. You can't just quit - there is a process to this, and you'll need an attorney to discuss the pros and cons before you make a decision. The reason you have to address the common area is because if someone were to come along and get injured on it, he or she could sue the association. If you don't have a board to oversee the association's affairs, all of you, as association members, become personally liable.
It's scary, but sometimes people need to be scared into doing the right thing. You may need to spread your net out in a bigger area to find an attorney, but find him or her and run some numbers, then hold a special homeowners meeting and preach the Word, as it is. If no one responds, you may have no choice but to pull the trigger on receivership.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
First scale down your search on an MC and a lawyer. You don't necessarily need what you think you need. Not all HOA's need an MC. Our HOA was self managed and only had an accountant. They collected our dues and cut the checks for us to sign. If you think you all need an "MC" then make a list of what you actually would need from one. Is it because you all think need an MC because your an HOA or is it that need help in management?
A HOA lawyer is extremely expensive and specialized. Your HOA really doesn't need a full time lawyer or one on retainer. The only time you need a lawyer on retainer is if your HOA is involved in a long term lawsuit. Otherwise, your HOA doesn't need a lawyer full time. Hire lawyers per purpose. Which most of the time is for filing liens or foreclosures. Maybe a response to someone who threatens to sue. Otherwise, just hire one as needed.
When I was President my goal was to create the "Bigger fish". Someone who wants to "eat you". If you make the job look enticing and special they will come. No one wants to do a job where they see no benefit or power. Show them what a good job looks like. Brag about how doing the right thing rocks. Otherwise make a bad decision or two and everyone will come crashing down claiming they can do a better job... LOL.
A HOA lawyer is extremely expensive and specialized. Your HOA really doesn't need a full time lawyer or one on retainer. The only time you need a lawyer on retainer is if your HOA is involved in a long term lawsuit. Otherwise, your HOA doesn't need a lawyer full time. Hire lawyers per purpose. Which most of the time is for filing liens or foreclosures. Maybe a response to someone who threatens to sue. Otherwise, just hire one as needed.
When I was President my goal was to create the "Bigger fish". Someone who wants to "eat you". If you make the job look enticing and special they will come. No one wants to do a job where they see no benefit or power. Show them what a good job looks like. Brag about how doing the right thing rocks. Otherwise make a bad decision or two and everyone will come crashing down claiming they can do a better job... LOL.
Former HOA President
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Be prepared for your HOA to go into receivership. Look it up, it is not a nice feeling. Explain this to your fellow homeowners.
Receivership will drastically increase your HOA assessments and the receiver will spend your HOA funds like a drunken sailor.
Receivership will drastically increase your HOA assessments and the receiver will spend your HOA funds like a drunken sailor.
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