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CharlotteF1 (Florida)
Posts: 3
Posted:
We have some board members on the board for 20 years. Is this allowed?
JackieB4 (California)
Posts: 398
Posted:
Your Bylaws have election requirements. Every community is different.
JackieB4 (California)
Posts: 398
Posted:
OOPS! Read your bylaws.
KerryL1 (California)
Posts: 14,550
Posted:
Unless your governing documents, probably your Bylaws, say otherwise, directors are allowed to serve as long as owners keep electing them.

One reason directors stay on the Board forever in some HOAs is that not enough owners vote at the required annual meeting of owners and elections every year, i.e., there is a not a "quorum" of voters, which your Bylaws might require, so there IS no election and the existing Board keeps serving. Could something like that be happening in your HOA?

Do you get some kind of notice every year about an election of board members, AKA, directors?

Since bylaws can vary a lot from one HOA to another, read yours throughly to learn more about elections of directors.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is not the government. As long as they are elected they get on board.

Former HOA President
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By CharlotteF1 on 01/27/2024 5:25 PM
We have some board members on the board for 20 years. Is this allowed?

As long as they are still alive and remain an owner.
TimB4 (Tennessee)
Posts: 21,062
Posted:
As others have said, if a limitation is not within your governing documents, then they can serve as long as they are being elected.

SheliaH (Indiana)
Posts: 6,964
Posted:
And if people DON'T vote, the current board stays by default unless they step down, are recalled or are voted out.

A better question might by why homeowners have let this continue for 20 years. It's one thing if the board has played fast and loose with announcing elections, proxies and all that. Much like the voter suppression laws of late that have kept thick headed old people in Congress, state legislatures and city councils for decades). It's another matter if this has gone on and on because people just don't care (which is how people get away with voter suppression). Don't be surprised if both elements are at play....

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
Posted:
We have seen posters here say the same directors stay on their Board because they cannot find new people who're willing to serve on the board.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
When I do not like somebody, I believe in term limits. When I like somebody, I do not believe in term limits. Can I have my cake and eat it also?
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By SheliaH on 01/28/2024 5:16 AM
And if people DON'T vote, the current board stays by default unless they step down, are recalled or are voted out.

A better question might by why homeowners have let this continue for 20 years. It's one thing if the board has played fast and loose with announcing elections, proxies and all that. Much like the voter suppression laws of late that have kept thick headed old people in Congress, state legislatures and city councils for decades). It's another matter if this has gone on and on because people just don't care (which is how people get away with voter suppression). Don't be surprised if both elements are at play....

you cant be serious. you know why. dont' blame the victim.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By JohnC46 on 01/28/2024 10:46 AM
When I do not like somebody, I believe in term limits. When I like somebody, I do not believe in term limits. Can I have my cake and eat it also?

I have principals, works out better for all.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By KerryL1 on 01/27/2024 6:16 PM
Unless your governing documents, probably your Bylaws, say otherwise, directors are allowed to serve as long as owners keep electing them.

One reason directors stay on the Board forever in some HOAs is that not enough owners vote at the required annual meeting of owners and elections every year, i.e., there is a not a "quorum" of voters, which your Bylaws might require, so there IS no election and the existing Board keeps serving. Could something like that be happening in your HOA?

Do you get some kind of notice every year about an election of board members, AKA, directors?

Since bylaws can vary a lot from one HOA to another, read yours throughly to learn more about elections of directors.

Bingo! Our HOA had this exact same scenario. No quorum for 2 decades.
What's hillarious is that past boards woudl say people dont' care about voting.
Yes when I took over we've gotten quorum for two years straight. Make it easy for people to vote and give them real choices and they will vote.

vis ta vie
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By WendyM5 on 01/28/2024 11:32 PM
Posted By SheliaH on 01/28/2024 5:16 AM
And if people DON'T vote, the current board stays by default unless they step down, are recalled or are voted out.

A better question might by why homeowners have let this continue for 20 years. It's one thing if the board has played fast and loose with announcing elections, proxies and all that. Much like the voter suppression laws of late that have kept thick headed old people in Congress, state legislatures and city councils for decades). It's another matter if this has gone on and on because people just don't care (which is how people get away with voter suppression). Don't be surprised if both elements are at play....


you cant be serious. you know why. dont' blame the victim.

Yep, I'm serious. In all these discussions about rouge boards, I've always wondered how two, three, or seven people manage to intimidate a community of 50, 100, or 300 homes, all with one vote per lot into not voting at all or being pressured into voting for the same damned people over and over again. Simple math says 50, 100, or 300 is far more than two, three, or seven, so what's with these homeowners who sit at home and watch TV or wring their hands over the big bad HOA? No, they have more power than they realize, but the issue is no one wants to be the first to step out and say something because let's face it, speaking truth to power is scary and a pain in the ass when the other side bites back. Eventually, we can become so overwhelmed that we disconnect and do nothing, hoping that things won't blow up in our face, at least not until after we get the hell out of there.

You've spoken about apathy in your community and how it's taken a lot of work to get people to care about things like updating the documents - ever wonder how things got to this point? HOA business shouldn't take up all of your time, but for all the work you've done, when will your neighbors realize all of you have a stake in its success? Do they think you're going to do this forever? I've learned that if I wanted to change anything, I had to get off my ass and work for it. It hasn't always been easy and it definitely didn't happen overnight. Sometimes you knock yourself out and people still won't care what you do or why you do it. This is life in all its dirty and when we start on these adventures, we find out pretty quickly how far we're willing to go.

So if things work in your community with one or two people doing all the thinking, congratulations, but I hope someone is looking ahead to the day when those one or two people will be gone and another two or three will have to take over. Then what?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By TimB4 on 01/28/2024 3:43 AM
As others have said, if a limitation is not within your governing documents, then they can serve as long as they are being elected.

IMO, death should also be limitation, but I don't recall ever seeing that in any governing docs that I've read so maybe electing a dead person could be valid.

Escaped former treasurer and director of a self managed association.
ElleN (Idaho)
Posts: 4,420
Posted:
The typical "natural person" corporate statute director requirement means they have to be alive.

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