Temp. President

Thank you everyone who has helped me on the President resigning.
New question, the vice president who put himself in charge, called a meeting on his own.
to talk about the president resigning, he said a unofficial meeting?? Can he do that?
Thank you eveyone for all the knowledge this is new to me??
Thanks, Joyce

Joyce,
If the majority of the board is present it is not an informal meeting. IMO, I think they could have an executive session to discuss how to fill the open position. If they are going to reseat the existing board members that should be considered a special meeting with all of the regular notice requirements being met and an open forum and then the business at hand of voting for the open position of president and the other positions as they change titles.

Filling the open board seat has many options that really depend on what the board wants to do at this time. The remaining 4 members can run the show till the seat is filled. In the event of any tie votes on a motion the motion is considered dead till another is opened.

If the VP has Board support for the meeting (indicated by their attendance) he could simply be voted in by the Board as the President. If the VP doesn't have the support of the Board, you would know this because Board members wouldn't attend the infomral meeting, there wouldn't be qorum, and no business could be conducted.

Can we vote on new president from a zoom meeting or does it have to be a ballot only and how do we nominate someone we want? Thanks again for all the help! Ya'll re amazing with all the info!

For new Boards, we would hold orientation meetings, to bring new board members up to speed. So, before Kerry goes flying off the handle, this is the guidance from the legal firm that maintains the Davis-Stirling.com website.

Board Orientation. A "board orientation" is an informational meeting for new boards where directors meet with the association's management and/or legal counsel to (i) learn about the board's duties, (ii) receive an update on legal issues, and (iii) receive historical background information. As such, a board orientation does not require notice to the membership and may be closed. If, however, there is an expectation that pending legal matters will also be discussed with the association's attorney, a two-day notice of an executive session meeting needs to be posted.

But, Max, Joyce's board is not new. So why bring up CA info about new boards????

In Texas apparently, Bill wrote: "which Director will fulfill which Officer role which requires ES protection." This is a big surprise as in CA, this must be an open meeting topic. And I s assumed it would be in most states. What is the wording of this, Bill? do you mind sharing?

Hoy shit lady, are you serious. Where in what I posted from the attorney does it mention CA at all? What this your attitude while serving on YOUR board?

Gosh please don't fight, thats I we get with our HOA! I appericate any and all information I get.
Thank you, Joyce

Joyce,

Unfortunately, if someone thinks that the running of HOAs is a one-shoe fits all, it ain't. The example I presented mentioned new boards.

Your original question was whether the VicPresident is temporarily assuming being president. In most cases, the president alone can call for a meeting. If they don't, then it usually takes two directors to call for a meeting. There may be different styles in how one person versus the other runs the HOA. There is no harm in calling for an orientation meeting to set the ground runs for "new" leadership, while only on a temporary basis.

What is the harm if no action is taken that has a material effect on the association? Someone needs to use some common sense here and not make every comment based on what this Davis-stirling.com says.

If he does this, then it is a board meeting (regardless of how he feels). TPC 209's open meeting and notice requirements have to be met. Even for a Texas HOA with only seven homes.

From TPC 209.0051 (c) and (e):

"Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners' association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. ... "

"Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. ..."

See https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm

The maximum highway speed limit in Texas is 70 MPH. Does anyone follow that?

Max, the maximum speed limit in Texas on many highways is 75. There may be some 80s, I will not attest to that. 75 I know. We are in Colorado, and will return home tomorrow. Most of the highways will be posted 75 once we are back in Texas.

And no, many do not comply with that.

Hi All,
Everyone has been so helpful! Can anyone help with this? The NEW Temporary president cancelled our meeting that was planned for Feb 27th and made a new one!
WE have told him over and over we need to elect a new president asap! His meeting was called for March 7th with no agenda.

He finally sent a agenda with atleast 6 things and then very last one, is voting on a New President! Is that even legal??
Don't we first and foremost elect a new President??
Thank you All! Joyce

The membership elects the Directors and the Directors elect the officers, including the president. Based on what you posted, the agenda is proper.

Joyce

In my opinion you are attaching too much importance to naming a new president. As someone else pointed out, the VP can fulfill the president's role until a new president is selected by the Board.

As a hypothetical, your VP now temp Pres has set an agenda for a meeting of the Board with six items which need attention. However, perhaps one of the members of the Board cannot be present at the meeting. The VP now temp Pres defers selecting a new President until all members of the Board can be present. In the meantime, the business of the Association must continue so a Board meeting is held without a new President in the saddle.

The President of an HOA or condominium is essentially an administrator. The President, by virtue of the title, performs the responsibilities of the office described in the Bylaws of the Association but that office is not where the "buck stops" in a homeowners association. The buck stops with the Board, not a single member of the Board. The President is only one among several officers/Directors and has no special ability or responsibility or power to unilaterally make decisions or lead the association in one direction or another. The vote of the President is not weighted by virtue of the office, nor is the opinion of the President superior to that of any other Board member.

The President of a client association did not understand the foregoing and thought he had unilateral decision-making authority. We worked with him for 2+ years to help him understand his role and that of the Board. He resigned in frustration as his mantra was "Ready, Fire, Aim" which led to issues. We were on the verge of resigning when he did.

Joyce

So the bottom line of these posts is do not like the fellow and you are looking to under-mine him and/or trip him up. Sounds personal to me.

Maybe you should actually know what you are talking about! No one is undermining anyone! The man is on a power trip! Which happens a lot! He flat told us I AM NOW PRESIDENT, after presdient
resigned, he said it was just as if Biden stepped down, Kamala took over! Then thanks to the amazing people here, we found out that was not true! Nothing personal at all, he can stay Vice President, we don't,
mind. Just we had, from last meeting, we had a meeting planned for Feb. 27th, even though the board has told him repeatedly we need to vote in another President!
He cancelled the Feb 27th meeting and now called for a meeting in March, with a long agenda before we vote on President! There now you have the story, go ahead and comment now!

Thamk you, we did ask, 4 other board members ask and no response!

I sorta gave up when Joyce claims her HOA has no bylaws. I asked if he HOA is a corporation and I don't think she replied. a few of us have advised Joyce to call a peace meeting of the Board with another director. My impression is she done's know what that means.

With Bill, I know just suggest that Joyce cool her heels and wail for the one meeting in early March. So what if selecting a prez is last on the agenda??? The answer to that might be, as Bill suggests, that the VP is making decisions that the entire board should make. And the board is letting him.

Max, I am on the board, it's new to every single one of us, thats why I'm asking tons of questions?

Joyce,
so is your plan to put your name out as a potential President? Not sure why we are just hearing you are on the board. You must have other board members that you are friendly with on this board. Who has the numbers and are they ready to take control?

This item should be topic number 1 on the agenda without question. No matter where it is on the agenda you can make a motion that it is moved to the number 1 spot at the start of the formal meeting and someone else should second it. If this passes the rest will depend on who can make the most compelling case to take control.

Mark, I have no desire to be president, the majority of us all know who we want for President, and it's NOT me! I am the treasurer. Again, this is all very new to the 7 of us!
We weren't given much to go on! Thanks you though, I appreciate the info!

At the meeting itself, if a majority wants to have a vote immediately on who is President, have someone motion at the very beginning for so-and-so to become president, get someone to second the vote, proceed to discussion, then have the vote. Do not let the VP steamroll you, unless you have gelatin for spines.

Joyce,
This post has gone on so long I forgot the beginning. If you have only 7 lots and you claim to have a board it would be really odd to have more than 3 board members. It sounds to me like the whole community of 7 owners is going to participate in this vote. That would make it a general election.

Personally, I think this is a cluster. As small as your community is and to have this much trouble this early would be a warning to any additional owners that wanted to buy in your hood.

Joyce

It would help if you would learn the correct terminology. You did not read the "Texas HOAs" as there is no such document.

You may have read the Bylaws or the Declaration (of Covenants, Conditions, and Restrictions--also known as the CC&Rs or by other terms in some states) of your Association.

Or you read Section 209 of the Texas Property Code under which most homeowners associations (as opposed to condominium associations) in Texas are governed--along with a few other higher-level documents.

So, what did you read and what did you learn?