NormanK2 (Florida)
Posts: 39
Posts: 39
Posted:
We have an HOA President that has been in office 6 yrs how many times can she run for President she has said she ill run until someone she likes runs for President and the click always elects her.
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HOA President
Started by NormanK2 • 13 replies • 403 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By NormanK2 on 10/14/2023 10:39 AM
We have an HOA President that has been in office 6 yrs how many times can she run for President she has said she ill run until someone she likes runs for President and the click always elects her.
We have an HOA President that has been in office 6 yrs how many times can she run for President she has said she ill run until someone she likes runs for President and the click always elects her.
Unless your docs have something on term limits, etc. then she is doing nothing wrong.
LisaB21 (Texas)
Posts: 97
Posts: 97
Posted:
She should only be running for a position on the Board of Directors. Offices, like President, Secretary, etc., are only voted on by the Board members at the meeting after the election. If she continues to be elected to the Board, and the Board members continue to vote that she hold the position of President, it continues.
MarkM19 (Texas)
Posts: 1,459
Posts: 1,459
Posted:
Norman,
As Lisa points out she is running for a board position and is elected by the Community. She is then nominated by a fellow board member to be president and if she has the support of the majority, she keeps the title. It appears like things are running fairly smooth in your HOA so she along with the other members of the board feel comfortable with her having the title. Remember it is only a title as she has no more power than any other board member. Yes, she is the voice of the board during meetings, and she facilitates them but when it comes down to votes everyone has 20% power on a 5 member board.
As someone who has been the president of my last 2 HOAs for 12 of my 14 years. I think some people are happy to let others lead and some do not mind being the person that is given the title of president. I personally have strong opinions and am very vocal about things that matter to me, so I would always choose to lead. I also make sure that everyone has an equal voice and I get as much feedback as I can on items that are hot topics. I think a good president can lead others yet also lead them by taking them with you. I hope that makes sense because it does to me.
You mentioned about when she should step down and maybe she is waiting for just the right leader that can take her place and make sure that the community runs smoothly in her absence. I know that is the way I am feeling at this point.
As Lisa points out she is running for a board position and is elected by the Community. She is then nominated by a fellow board member to be president and if she has the support of the majority, she keeps the title. It appears like things are running fairly smooth in your HOA so she along with the other members of the board feel comfortable with her having the title. Remember it is only a title as she has no more power than any other board member. Yes, she is the voice of the board during meetings, and she facilitates them but when it comes down to votes everyone has 20% power on a 5 member board.
As someone who has been the president of my last 2 HOAs for 12 of my 14 years. I think some people are happy to let others lead and some do not mind being the person that is given the title of president. I personally have strong opinions and am very vocal about things that matter to me, so I would always choose to lead. I also make sure that everyone has an equal voice and I get as much feedback as I can on items that are hot topics. I think a good president can lead others yet also lead them by taking them with you. I hope that makes sense because it does to me.
You mentioned about when she should step down and maybe she is waiting for just the right leader that can take her place and make sure that the community runs smoothly in her absence. I know that is the way I am feeling at this point.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Lisa & Mark are exactly right, Norman.* Surely all owner are not electing the president?
Unless they all are ignorant, lazy or intimidated, the other directors each have just as much of vote & discussion power as she does. In non-profit orgs, as most HOAs are, the board governs, not the president.
Are you on the Board? If not, why does it matter if the same person is prez over & over?
* There's a tiny chance your Bylaws say something different, so read them.
Unless they all are ignorant, lazy or intimidated, the other directors each have just as much of vote & discussion power as she does. In non-profit orgs, as most HOAs are, the board governs, not the president.
Are you on the Board? If not, why does it matter if the same person is prez over & over?
* There's a tiny chance your Bylaws say something different, so read them.
LisaB21 (Texas)
Posts: 97
Posts: 97
Posted:
Mark - I have been the President of my HOA for 13 of the 14 years that I have served. You are correct that it is a title, and though I lead meetings and tend to be the person "driving the bus", I am only one vote out of a Board of five. No more and no less. At this point I would love to serve on the Board as just a Board member in another capacity, but no one ever wants to step up nd lead the way, so here I am. I do hope that the OP takes a look to see that this long tenured President is just being re-elected to her Board position, and then the Board, being comfortable with her leadership continues to nominate her as President.
MarkM19 (Texas)
Posts: 1,459
Posts: 1,459
Posted:
Lisa,
I agree 100%. In the last 2 years I have been excited in our HOA because I feel I have someone that can lead in the future on our board. I have actually spoken to him about it and look forward to passing the torch in the future. In my case my experience won me the position when I moved from Ca. and it has been a benefit in many areas while I have served here in Texas.
I have said this before to my board associates. I view board life as a roller coaster ride. It has plenty of highs (getting projects done, avoiding pitfalls, saving money, keeping dues low and leading people in good directions). It also has many low points thanks to social media (everyone can become a critic instantly and get followers who know next to nothing about the facts that go into decisions). I have found in our community lesser of the lows and more of the highs which has extended my board life as a whole. This obviously could change at any point based on the next decision.
We are getting ready to pull the trigger on a new pickleball court and we have the funds set aside free and clear from Capitol Improvement budget (300.00 from every home sale) and also a land sale from the city for new road construction. I got an email to the board that was strongly worded but did not have any of the facts. I replied to the note with all of the information this owner requested and got a very nice note back thanking me for the details and won his support for the project. It made my day and that keeps us going. By the way my response was very clear that I was responding as a single board member and not speaking for the board. The board was sent to communication after the fact, so they know what was said.
I agree 100%. In the last 2 years I have been excited in our HOA because I feel I have someone that can lead in the future on our board. I have actually spoken to him about it and look forward to passing the torch in the future. In my case my experience won me the position when I moved from Ca. and it has been a benefit in many areas while I have served here in Texas.
I have said this before to my board associates. I view board life as a roller coaster ride. It has plenty of highs (getting projects done, avoiding pitfalls, saving money, keeping dues low and leading people in good directions). It also has many low points thanks to social media (everyone can become a critic instantly and get followers who know next to nothing about the facts that go into decisions). I have found in our community lesser of the lows and more of the highs which has extended my board life as a whole. This obviously could change at any point based on the next decision.
We are getting ready to pull the trigger on a new pickleball court and we have the funds set aside free and clear from Capitol Improvement budget (300.00 from every home sale) and also a land sale from the city for new road construction. I got an email to the board that was strongly worded but did not have any of the facts. I replied to the note with all of the information this owner requested and got a very nice note back thanking me for the details and won his support for the project. It made my day and that keeps us going. By the way my response was very clear that I was responding as a single board member and not speaking for the board. The board was sent to communication after the fact, so they know what was said.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Like you two, Lisa & Mark, I served on my board for 14 years and retired 2 years ago. I'm still very active with special projects the board assigns to me that I volunteer for. I very much enjoyed 90% of that entire board-service period. We are lucky, though as we get very few complaints, etc., from owners. I always had a wonderful sense of accomplishment and love initiating ideas and ways to implement them to improve our community.
I only was president once because no one else would take the job. It was the year we 'rec'd our construction defect settlement from the developer so there was lots of work to do. The Board new I'd be abroad for 3 months but very luckily, our VP was excellent and had a strong backgound in evaluating proposals, etc. for our defect fixes.
Over the years, the quality of presidents varied quite a lot, but the board as a whole, and as it should, made decisions and, in a couple of cases kept the president in line.
The quality, i.e., knowledge, initiative, effectiveness -- of directors has been all over the place from lousy to superb. We've only has 2, I think, who've served 6 years, most retire after 4. Our current president is seeking his 3rd 2-year term at this moment and will be elected as director hands down.
My preference always was to be secretary because I like overseeing and crafting communication with Owners via our PM. Our PMs have been very inonsistent so more or less help was needed from me. I also was our News editor for many years. I also liked l keeping up with the many changes to our state's civil code about HOAs., which I still do.
I retired because we finally, imo, had a strong enough Board to make good decisions. Though a Board of 7, our commercial rep never attends so it's been a Board of 6 at meetings, etc., for the past 10 years. Luckily, no tie-vote issues.
I only was president once because no one else would take the job. It was the year we 'rec'd our construction defect settlement from the developer so there was lots of work to do. The Board new I'd be abroad for 3 months but very luckily, our VP was excellent and had a strong backgound in evaluating proposals, etc. for our defect fixes.
Over the years, the quality of presidents varied quite a lot, but the board as a whole, and as it should, made decisions and, in a couple of cases kept the president in line.
The quality, i.e., knowledge, initiative, effectiveness -- of directors has been all over the place from lousy to superb. We've only has 2, I think, who've served 6 years, most retire after 4. Our current president is seeking his 3rd 2-year term at this moment and will be elected as director hands down.
My preference always was to be secretary because I like overseeing and crafting communication with Owners via our PM. Our PMs have been very inonsistent so more or less help was needed from me. I also was our News editor for many years. I also liked l keeping up with the many changes to our state's civil code about HOAs., which I still do.
I retired because we finally, imo, had a strong enough Board to make good decisions. Though a Board of 7, our commercial rep never attends so it's been a Board of 6 at meetings, etc., for the past 10 years. Luckily, no tie-vote issues.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Norman,
I have seen, in fact currently living under one, Association documents where the membership elect officers.
Is this the case for your Association?
As has been posted, it is more typical for the membership to vote for a Board of Directors and then for the Director, typically from amongst themselves, appoint Officers. Directors make the decisions for the Association and the Officers implement (carry out) those decisions.
Is this how it works in your Association?
I have seen, in fact currently living under one, Association documents where the membership elect officers.
Is this the case for your Association?
As has been posted, it is more typical for the membership to vote for a Board of Directors and then for the Director, typically from amongst themselves, appoint Officers. Directors make the decisions for the Association and the Officers implement (carry out) those decisions.
Is this how it works in your Association?
PhilD1 (Florida)
Posts: 17
Posts: 17
Posted:
I would love if there was a state statute for term limits on Boards.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
See the 2023 version of FS 718.112(2)(d)2 (I think I got the numbering right) -
Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term must be filled by electing a new board member, and the election must be by secret ballot. An election is not required if the number of vacancies equals or exceeds the number of candidates. For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate. Except in a timeshare or nonresidential condominium, or if the staggered term of a board member does not expire until a later annual meeting, or if all members’ terms would otherwise expire but there are no candidates, the terms of all board members expire at the annual meeting, and such members may stand for reelection unless prohibited by the bylaws. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. Only board service that occurs on or after July 1, 2018, may be used when calculating a board member’s term limit.
I believe this is a new law. I heard about it yesterday. The attorney discussing it in a webinar said that they way around it is to resign the day before your 8 year term is up and then get elected the next day. It does not apply to HOAs yet, but may be coming in 2025.
Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term must be filled by electing a new board member, and the election must be by secret ballot. An election is not required if the number of vacancies equals or exceeds the number of candidates. For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate. Except in a timeshare or nonresidential condominium, or if the staggered term of a board member does not expire until a later annual meeting, or if all members’ terms would otherwise expire but there are no candidates, the terms of all board members expire at the annual meeting, and such members may stand for reelection unless prohibited by the bylaws. Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation. A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. Only board service that occurs on or after July 1, 2018, may be used when calculating a board member’s term limit.
I believe this is a new law. I heard about it yesterday. The attorney discussing it in a webinar said that they way around it is to resign the day before your 8 year term is up and then get elected the next day. It does not apply to HOAs yet, but may be coming in 2025.
PhilD1 (Florida)
Posts: 17
Posts: 17
Posted:
Quote:
Posted By LoriM15 on 10/19/2023 11:32 AM
The attorney discussing it in a webinar said that they way around it is to resign the day before your 8 year term is up and then get elected the next day. It does not apply to HOAs yet, but may be coming in 2025.
The attorney discussing it in a webinar said that they way around it is to resign the day before your 8 year term is up and then get elected the next day. It does not apply to HOAs yet, but may be coming in 2025.
Seems like that wouldn't work since the member served in that previous year, I would think they'd have to be off the Board for one year before running again. Unfortunately in the case of abusive Boards this doesn't help much either. When powerful board members have cronies and sycophants it's easy to get a placeholder to run for you and control the association through them which is what happened at my parents condo. Even if the Board member gets replaced by an opposition member, I've seen former board create such havoc for the new board so they give up and the old board gets back in.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I believe in term limits for those I do not like. I do not believe in term limits for those I like. You cannot have your cake and eat it too.
PhilD1 (Florida)
Posts: 17
Posts: 17
Posted:
The eternal struggle.
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