CarolF9 (Louisiana)
Posts: 3
Posts: 3
Posted:
What is the term limits for HOA board members?
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Started by CarolF9 • 6 replies • 278 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Read your documents. If they aren't mentioned, the terms are limited the usual way- the board member resigns before his/her term ends, he/she is voted out in the next election, he/she chooses not to run for reelection or is voted out in a recall by the homeowners.
Term limits sound nice, but they only work if you have a steady supply of other homeowners who are willing to run for a spot. If no one steps up, tge current board continues until they decide to step down. The trouble begins when NO ONE will volunteer and the current board gets burned out and quits. That puts the community at risk for receivership. There are many older conversations on this website about this and believe me, you DON'T want to go down that path.
Term limits sound nice, but they only work if you have a steady supply of other homeowners who are willing to run for a spot. If no one steps up, tge current board continues until they decide to step down. The trouble begins when NO ONE will volunteer and the current board gets burned out and quits. That puts the community at risk for receivership. There are many older conversations on this website about this and believe me, you DON'T want to go down that path.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Following Shelia read especially your Assocation's bylaws, which is where such information likely is. Most terms are up after 2 years, but we've see 3-year terms too. And then the director would have to seek reelection. If doing a lousy job, owners won't vote for that person. Put another way, voters determine term Limits with their votes! Elections almost always are every year, which also is in your Bylaws.
It's possible that'd there'd be info in your Articles of Incorporation or your CC&Rs (aka declaration, covenants, deed restrictions)
Your HOA would have to spend funds to amend the Bylaws because , it's likely, but not guaranteed, that owners would vote on whether or not to have terms limits. Ballots probably would have to be mailed all owners, etc. To spell out such an amendment would also require paying an HOA attorney to make sure the wording is correct.
Much cheaper to campaign against a bad director before the next election
It's possible that'd there'd be info in your Articles of Incorporation or your CC&Rs (aka declaration, covenants, deed restrictions)
Your HOA would have to spend funds to amend the Bylaws because , it's likely, but not guaranteed, that owners would vote on whether or not to have terms limits. Ballots probably would have to be mailed all owners, etc. To spell out such an amendment would also require paying an HOA attorney to make sure the wording is correct.
Much cheaper to campaign against a bad director before the next election
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Expecting your Association is incorporated, most are but check to be sure, corporate statutes would apply.
Per the LA Business Corporation Act, specifically RS 12:1-805 [emphasis added]:
Except to the extent otherwise provided in the articles of incorporation or a bylaw authorized by R.S. 12:1-1022, despite the expiration of a director's term, the director continues to serve until the director's successor is elected and qualifies or there is a decrease in the number of directors.
Per the LA Business Corporation Act, specifically RS 12:1-805 [emphasis added]:
Except to the extent otherwise provided in the articles of incorporation or a bylaw authorized by R.S. 12:1-1022, despite the expiration of a director's term, the director continues to serve until the director's successor is elected and qualifies or there is a decrease in the number of directors.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Term limits can sounds like a good idea. However...
* Term limits would apply to all board members, not just the ones you want to get rid of.
* They would take the decision-making out of homeowners' hands. Shouldn't owners be the ones who decide how long anyone can serve on the board?
* They can cause more problems for communities who already have a hard time getting enough volunteers, something that's pretty common in condo associations.
* They are not needed. Homeowners already have the ability to remove any board member for any reason. They can just not vote for the person when their term is up. Or if a board member is particularly bad, homeowners don't have to wait and can hold a recall election to remove and replace the bad actor.
I view term limits as a poor substitute for homeowners paying attention and doing the necessary work of removing ineffective directors. And frankly, in many communities the choice may come down to having not so capable board members and having none at all. Associations without a board go into receivership, which involves paying through the nose for a professional to handle the duties normally performed by the board and having no say in the receiver's decisions. You do NOT want to go down the eceivership route.
* Term limits would apply to all board members, not just the ones you want to get rid of.
* They would take the decision-making out of homeowners' hands. Shouldn't owners be the ones who decide how long anyone can serve on the board?
* They can cause more problems for communities who already have a hard time getting enough volunteers, something that's pretty common in condo associations.
* They are not needed. Homeowners already have the ability to remove any board member for any reason. They can just not vote for the person when their term is up. Or if a board member is particularly bad, homeowners don't have to wait and can hold a recall election to remove and replace the bad actor.
I view term limits as a poor substitute for homeowners paying attention and doing the necessary work of removing ineffective directors. And frankly, in many communities the choice may come down to having not so capable board members and having none at all. Associations without a board go into receivership, which involves paying through the nose for a professional to handle the duties normally performed by the board and having no say in the receiver's decisions. You do NOT want to go down the eceivership route.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Oops, looks like I repeated some of what Sheila said.
Term limits, in theory, can work well if they bring in energetic new people with fresh ideas. But having term limits won't automatically create a supply of those new people. If your community is already having problems filling all of the board seats, the last thing you need is to make the problem worse by tossing out board members who want to continue to serve.
Term limits, in theory, can work well if they bring in energetic new people with fresh ideas. But having term limits won't automatically create a supply of those new people. If your community is already having problems filling all of the board seats, the last thing you need is to make the problem worse by tossing out board members who want to continue to serve.
MichaelS56 (Minnesota)
Posts: 858
Posts: 858
Posted:
In our association the terms are three years.
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