Appointed Board won't leave; imposing $60K special assessment

Two of our three appointed/unelected board members are refusing to leave their seats. The term for the president ended in August 2023 and the treasurer recently resigned.
However, they both continue to campaign to push through a special assessment of $60,000 (which is $400 per lot owner) in order to put in a playground that no one in the membership has approved!

I am running to be elected to the board to replace the president in an official election to be held on December 4. I have a great team working with me on campaign flyers and collecting p proxy forms (allowed under our bylaws). I am confident I will get at least 45 proxy/regular votes on December 4 and will move onto the board.

Meantime, the past president and past treasurer continue to wage a campaign to get approval of a special assessment levied on all 150 lot members to pay for a $60,000 playground,at an amount of $400 per lot.

The board this year has not provided any solid information around this plan, such as drawings, photos, architect/designer plans, bids, proof of permits or ANYTHING that indicates they have done a bit of thinking and planning.
The treasurer, who has two small children, keeps posting online that "it's been discussed" and "it's come up a lot," as if that suffices as "proof" or solid info that the lot owners should have and need to even try to make a decision.

The treasurer points to conversations at a community barbecue in July as solid support which should be considered a valid poll.

They've launched several polls online and had our management firm send one yesterday specifically asking for a Yes or No vote. Also, at this point, no plan, no drawings, no photos, no bids. Just "yes" or "no." The president says if fewer than 50 percent of the owners respond and it's NO, it'll be considered "advisory." But it would take 76% of the owners to vote "NO" for he and the treasurer to believe it's NO.

What do you do in a case like this?

We have about 2 weeks until the election. The president asked in exasperation a week ago for someone to run for the board. I'm doing that. He has been generally discourteous to any and all who've been on our meetings (Zoom) and insisted things will be done his way.

If elected, I will move to first appoint a neighbor to the treasurer spot and help her prepare to properly run for the seat when it expires in 2025. And then I will let the voters know that the issue of the special assessment will be removed from the table immediately. A few HOA board vets who breathe our bylaws say I would have that authority.

It seems the president and treasurer are reading some of our bylaws to mean that not only can they remain in their seats until the next election, but I guess that they must? They are invoking "Vacancies" which states "A director elected to fill any vacancy shall hold office for the unexpired term of his predecessor and until his successor is elected a qualified."
Technically, they have been "elected" although in honesty they were appointed when no candidates emerged several years ago.
No doubt, actually, the unexpired terms they filled expired! And that was some time ago. (Have to get that info)

I despair hanging out here in the roots of the weeds, but ... what do you do when a board doesn't do common research and surveys, keeps pushing surveys (in the hopes that people will give in? I can't imagine otherwise), their terms have fully expired (August and one resigned), and they still insist they will have their playground.

Advice??

In California, board members are not allowed to use association funds to campaign for any election.

Here's what CCRs say about common area and nothing about owners voting to use them for new or different purpose. It's all boilerplate from an HOA CCR guide:
ARTICLE 2: OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area. The Common Areas, if any, within any Additional
Lands (as defined in Article 16) will be deemed to be conveyed to the Association upon the
recording of an amendment to this Declaration incorporating such Additional Lands within the
Project and will be depicted on the Plat Map recorded in conjunction with such amendment. The
Common Area shall exclude those portions of common areas (and improvements thereto) which
have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The
Common Area shall for all purposes be under the control, management and administration of the
Declarant during the Declarant Control Period, and under the control, management and
administration of the Association thereafter. The Association and the Owners who are members
thereof have the responsibility and obligation to maintain, repair and administer the Common Area
in a clean, attractive, sanitary and safe condition and in full compliance with applicable,
governmental laws, rules and regulations and the provisions of this Declaration.
2.2 Bonds Affecting Common Area. In connection with the improvement and
governmental approval of the Project and the recording of the Plat Map, Declarant may from time to
time procure one or more maintenance, improvement, pe1formance or other bonds, including but
not limited to an assignment of savings in lieu of a bond (collectively, the "Bonds" and singularly a
"Bond") for the benefit of one or more governmental authorities or private parties. Declarant
reserves to itself for the duration of the period for which any such Bond is required to be maintained
(whether during or after the Declarant Control Period), all rights necessary or convenient to allow
Declarant, its agents and contractors to take such action with respect to the property and/or
improvements covered by any such Bond as may be required from time to time (i) to comply with
the obligations for which the Bond was issued, or (ii) by the governmental entity or private party
that is the beneficiary or obligee of such Bond. Without limiting the foregoing, Declarant, its agents
and contractors shall have the right to enter upon any and all Common Areas or other portion of the
Project affected by any such Bonds and to abate, correct or remove any circumstance or condition
that requires abatement, correction or removal by the beneficiary or obligee of the Bond. Declarant,
its agents and contractors shall not be deemed guilty of any manner of trespass by any such entry,
abatement, correction or removal. The rights reserved under this section with respect to any given
Bond shall continue through the date on which all obligations required by the governmental entity
or private party with respect to such Bond are performed, and the Bond is surrendered to Declarant.
Notwithstanding any term of this Declaration to the contrary, the rights described in this Section
2.2 shall be personal to the undersigned Declarant and shall not transfer to its successors and
assigns.

2. Nothing in bylaws about special assessment voting. Nothing.
3. Our bylaws assign officer status to the board directors. One and the same for the 3 board who act as president, treasurer, secretary seats. There are no differences in our bylaws in length of terms for officers versus directors. All are 3-year terms.
4. I plan to inform the membership that the Playground will go be moved to "further study and consideration." The treasurer appointee nominee agrees. I am talking with the sitting secretary to ask her to agree so all 3 of us agree and be unified on this as "the board."
5. I am talking with the still-seated secretary right now - and will do it later, too - to get her on board to, with me, make the appointment of an alarmed and trustworthy neighbor who is ready to serve to the treasurer seat.
6. "Those two" ARE using HOA time and staff to put out the polls and the total board did NOT ask for authority to do that in an open meeting and then agree to use those resources!

Never a one-issue anything here!

I want to be on the board of this HOA here in Washington state because of the tragic management - mis-management - we've endured over the past 5 years.
At least 2 previous boards just up and quit, which left the HOA filling seats with appointments (aka election, but let's be honest here)
and, actually, limping toward receivership.
The board/directors managed to stay off the "cliff" with appointments to the board/directors.
No one on the board wants to be or stay on the board. It's very clear during every single meeting with the high degree of animosity toward
residents.

But, with the arrival of the "brilliant idea" to put in a $60,000 playground and impose special assessments on every
lot owner to the tune of $400, I said I can't just sit here and watch this go on.
And with the expiration of one seat this past August, that was truly the "opening" to get going.
The election was supposed to be in August, concurrent with the expiration of the seat held
by the president, and this board just blew on through that bylaw and here we are heading to the election on Dec 4.

I would like to attend an HOA Leadership Academy, we have one in an adjacent town
BUT ... they require that you be a member of the board to get into our local program! They charge $45. The current board has never attended.
So much for succession and rounded and wide education. I am still researching online courses that are relatively low cost and will pay for it myself, of course.

Our neighborhood is very basic with 150 lots, all but 1 filled with homes. The 1 that's open is the "park" that the 2 board members
want to use for the playground. It's a bloody mess, a patch of grass that slants at a 45-degree angle -- not kidding -- and has some
plants in it and 2 park benches.

Otherwise, we have NO features or amenities to care for. Thank god.
No clubhouse, no pool, no tennis courts, NOTHING.
The HOA is responsible for the upkeep of that open space "park" and the landscaping at one entrance
to the neighborhood and the maintenance of two stormwater draining ponds that are essential (and, in this area, common features
in a development). Someday, the HOA will have to replace the congregate mail boxes. But not yet.

The board has consulted, often sparred, also with the city over what the city handles versus what the HOA handles, as in trees
in median strips (between sidewalk and street) [HOA job now] and the deteriorating condition of the asphalt on the streets [still the city's].
The city manages the street lights,
sends out a comical street cleaner to launch dust all over twice a year. No residential neighborhoods here get snow removal, no vendors will come in to remove snow
because of insurance issues. We deal with it. Fortunately, it doesn't snow heavily very often.

Our dues are just $48 per month and we hear screams of pain from a LOT of residents who have evidently lived on another planet until they moved here.
The dues are ridiculously low in this era but in keeping with "plain basic maintenance of a park/entrance and 2 storm ponds."
And all MLS posts do note that this is an HOA development. It's not a secret.
Dues may/should go up $4.00 per quarter as we do need to make up our reserves. They are NOT where they should be.
But most people I've talked to totally get increasing dues for that and spending $$ for that, but definitely not and no way for a playground.

I have been working with a former board president to try and understand our CCRs and bylaws (which are not helpful). He's one of the folks from
the past who just quit. But he's still around. And he's willing to talk and provide some counsel. So that's where we are.

Can you exactly cite your Bylaws section, where it says that Owners elect directors and officers?? I've never seen that wording, so I am very curious. Also cite exactly when Board elections are to be held--should be in your Bylaws, but are occasionally in the Articles of Incorporation.

(Please do not cite any language that includes the developer as that person's no longer in the picture, right?)

The Board votes at an open meeting to postpone further study of the lot for playground. THEN, you, if president, announce the vote result to the owners in attendance an it's recorded in the meeting minutes.

That reminds me is there any vote in previous minutes, by the current or past Board about proceeding to study that lot? If not, this directors are using your HOA's resources illegally! Did possibly a previous or current Board vote to permit these two to sever owners, etc., as the HOA's expense?

The national Community Association Institute (CAI) has many publications and some are free. The one that helped me so much when I was a new director was the "The Board Member's Tool Kit," or some title like that. It is free. You probably have a local chapter, but it is expensive to join.

I remember from a previous WApostr that there's are a few State statute-types to refer to and that it isn't always easy to make sure he was reviewing the correct one.

There is a part of your CC&R that lists the powers of the Association and the powers of the Owners. Make sure you review that.

I guess since your hOA has so few common areas that there isn't much in your CC&Rs about them. Are you sure the HOA owns that lot? And not someone else?

I wanted to do a playground for our HOA once. Believe it or not the parent owners voted it down! The parents did not want it. We lived across from an Elementary school too. They sited that as one of the facts. Plus the sound, injuries, expense, and outgrowing etc... Our HOA was for the "Newlyweds and nearly deads". Was not a lot of kids. Plus they would outgrow the equipment in a few years. The maintenance and sound just was too much.

You can't use one of those "Lowe's" playgrounds either. Which I have a feeling the HOA may be wanting to do. The warranty on those playgrounds sets are limited to NON-Public use. Plus limited to the number of kids who can use it. The warranty is found to be invalid if found to be used in an area not private. It's in the warranty information of that equipment

There are issues with "leakage" of chemicals in some equipment. You have to factor in the type of "safe" ground coverings. Many use old Tires as a soft area. This has to be kept up with. It's not that cheap. Factor in the insurance may need to be aware of the playground. Which surprisingly may NOT raise your HOA insurance. It is not doing it any favors either.

So hoping can spread the word with some research into the issue. Battle back with FACTS of what this means to the community. Insurance, noise, injuries, no warranties, and maintenance. How many kids will use it? How attractive is it to potential buyers to have one? Which is the purpose of the HOA is to keep it attractive to potential buyers. How is it if a buyer sees a playground in their backyard area or nearby? Not many want to deal with that...

Thank you.
Well, a sitting board with 2 of 3 members essentially "expired" as the term of one ended in August and the other recently resigned
has no business doing ANYTHING except making sure the bills are paid until the election.
There should be NO new initiatives from them. Just outrageous.

Bear in mind the Community Association Institute is on the side of boards who want to stay in power and their lawyers. They sponsor legislation that is pro-board and anti-homeowner, so with them you will have half the picture.

Michele, please cite the term length of directors exactly as in your Bylaws (or Articles?). Please cite exactly the wording that owners elect directors AND officers.

Is there is in any previous board meeting minutes a vote to study such a. project or to survey owners or any reference at all?

There are many more than the two Terri mentions, that are crucial like how to have effective board meetings, governing documents, Reserves, elections, roles of officers, avoiding burnout etc., etc. Lots of flow charts too.

Moreover it's not meant to be for Calif, and the OP is from WA. I just reviewed it again after not having looked at it for a long time to make sure it's still is a relevant publication. Having 14 years of very active board service in complex high rise twin towers, I now appreciate it even more than when I was new and knew nothing.

Our HOA just amended and revised our entire Rules & Regulations (17 pp.) here's a nice useful summary. I see no favoritism towards "the board" in the Tool Kit.

Do’s and Don’ts of Making Rules

Make rules that make sense.

 Make rules that restrict as little as possible.
Make rules that are actually needed.

Make rules that are acceptable to residents.
Make rules that residents can easily obey.

Make rules that get the needed result.

Make rules that are enforceable.
Make rules that are legal.
Don’t make rules that try to regulate the personal lives of residents
Don’t give in to political pressure.

Don’t go to extremes.

Don’t impose harsh consequences for small infractions.

I did find a version at CAI.boardmemberstoolkit_2014.pdf that's entirely online (vs having to buy a copy). I don't know if CAI has a more recent publication date.

Mich

Typically appointed BOD Member terms will expire at the next BOD election or they will be appointed to fill out the term of who they were appointed to replace. In our case those appointed fill out the remainder of the term of whom they were appointed to replace