TinaF4 (new york)
Posts: 22
Posts: 22
Posted:
Example:,
board minimum is 3 yet runs for years with only 2 board members.
Or board has a minimum of 5, is runs for years with only 3-4 members? Is this s violation?
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What happens if board consist of less than the minimum?
Started by TinaF4 • 5 replies • 437 views
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Example:,
board minimum is 3 yet runs for years with only 2 board members.
Or board has a minimum of 5, is runs for years with only 3-4 members? Is this s violation?
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
no because most docs state you only need 50% quorum to run meetings. That being said. if the board only has 2 members most docs allow for some method of running or getting appointed to that 3rd board seat.
a 2 member HOA Board may not want a 3rd director who might disagree with the way they like to run things so they might not want to get a 3rd member. or they are just lazy, that's what happened in my HOA.
a 2 member HOA Board may not want a 3rd director who might disagree with the way they like to run things so they might not want to get a 3rd member. or they are just lazy, that's what happened in my HOA.
vis ta vie
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
You need to read your Bylaws because some are different than others. But, they usually say that so long as a a majority of the Board is present, it may conduct business.
Don't your bylaws say the HOA must have an election every year to elect directors? Also, many bylaws, like ours in my HOA, say that if the board doesn't fill vacancies, the Owners can fill them and the bylaws might give instruction on how to do that.
Don't your bylaws say the HOA must have an election every year to elect directors? Also, many bylaws, like ours in my HOA, say that if the board doesn't fill vacancies, the Owners can fill them and the bylaws might give instruction on how to do that.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Condo communities often have a hard time filling all of the board seats. What happens if nobody volunteers? You can't force people. You can only show that it benefits the community when you have more people contributing and making decisions, which is true. But it's also unfortunately true that board service is a time-consuming and often thankless task, and most people can think of more pleasant ways to occupy their time.
My community has consistently had a hard time filling our third board position, so we sometimes make do with two directors. It can always get worse (and recently it did just that, long story).
And while the following opinion doesn't reflect legal thinking, I've seen ample evidence that two responsible and experienced directors will get a lot more done by themselves than two experienced directors plus one troublemaker. Laws and bylaws are important/essential, but they don't account for the vagaries of human nature. Sometimes two really is more than three.
My community has consistently had a hard time filling our third board position, so we sometimes make do with two directors. It can always get worse (and recently it did just that, long story).
And while the following opinion doesn't reflect legal thinking, I've seen ample evidence that two responsible and experienced directors will get a lot more done by themselves than two experienced directors plus one troublemaker. Laws and bylaws are important/essential, but they don't account for the vagaries of human nature. Sometimes two really is more than three.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Cathy said.
When I moved into my community, we had 9 people on our board, but amended the documents requiring 7 because we had so much trouble finding people. Today, we're down to three - fortunately, everyone's experienced and honest (I served with all of them), and every year the annual meeting notice asks for volunteers to fill the remaining slots, but still there are no takers. This year, two people did volunteer at the annual meeting but I don't know if they're still there. Sometimes people volunteered then changed their minds (one or two before even attending the first meeting!) or attended one meeting and forgot about the rest of them, and when reminded, changed their minds.
The only concern I have with your setup is that association business might be delayed if these two get into a disagreement and there isn't a third person to break the tie. And what happens if someone quits and NO ONE steps up to take his or her place? This is how an association risks going into receivership if people don't volunteer or the lone ranger decides to do whatever and to hell with the documents, common sense or a prudent approach to managing the association's resources (money). People tend to pout, but when asked to volunteer, crickets ensue.
You didn't say if you were interested in volunteering - why not offer your services (possibly reminding them of the documents)? It's true they may have said the hell with it, we'll just do it ourselves, or, as Wendy noted, aren't interested in other people because they get to do things their way without anyone asking questions. You don't have anything to lose by asking - and regardless of the response, continue to attend meetings and ask questions. It may be they'll realize it really is helpful to have a third person on board.
When I moved into my community, we had 9 people on our board, but amended the documents requiring 7 because we had so much trouble finding people. Today, we're down to three - fortunately, everyone's experienced and honest (I served with all of them), and every year the annual meeting notice asks for volunteers to fill the remaining slots, but still there are no takers. This year, two people did volunteer at the annual meeting but I don't know if they're still there. Sometimes people volunteered then changed their minds (one or two before even attending the first meeting!) or attended one meeting and forgot about the rest of them, and when reminded, changed their minds.
The only concern I have with your setup is that association business might be delayed if these two get into a disagreement and there isn't a third person to break the tie. And what happens if someone quits and NO ONE steps up to take his or her place? This is how an association risks going into receivership if people don't volunteer or the lone ranger decides to do whatever and to hell with the documents, common sense or a prudent approach to managing the association's resources (money). People tend to pout, but when asked to volunteer, crickets ensue.
You didn't say if you were interested in volunteering - why not offer your services (possibly reminding them of the documents)? It's true they may have said the hell with it, we'll just do it ourselves, or, as Wendy noted, aren't interested in other people because they get to do things their way without anyone asking questions. You don't have anything to lose by asking - and regardless of the response, continue to attend meetings and ask questions. It may be they'll realize it really is helpful to have a third person on board.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
the 2 is greater than 3 mentality is because the 2 dont' like democracy and following the rules IMHO. Any director like that also tends to think that 1 is greater than 2 and that Trump won the 2020 election. Give me a break.
vis ta vie
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