Former Board Decision implemented

Started by StevenB2 • 17 replies • 1302 views

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StevenB2 (California)
Posts: 7

Posted:

Our Board made a decision to fire an employee, but it was not implemented until after their term expired. There are two new Board members. Is it legal for the old Board to have done that or should a new vote be taken by the new Board

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steven,
I would believe that it was correct to do it this way. It depends on how the employee was fired. Given 2 week notice? Sometimes an action must be done immediately and to hold off until the new Board was elected and seated, might not have been practical. Would the new Board have acted differently?

StevenB2 (California)
Posts: 7

Posted:

Hi Donna,
The decision wa made on December 1, 2007. The action was implemented on January 31, 2008. One of the three old members did the firing without the knowledge of the new mwmbers. I am not sure how anyone would have or would vote now. Can I as a homeowner call for a vote. The new Board was elected on January 15,2008

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steven,
No, as a homeowner, you have no right to hire or fire an employee of the association. Tell us what kind of employee this was and why do you feel the need to be involved? Boards are elected by the membership to handle the day to day operations of the association and that includes employee hireing and fireing. To not include the new Board members is confusing. When did they get seated? in regards to when the fireing occured?

StevenB2 (California)
Posts: 7

Posted:

Donna,
I am not asking for the right to hire or fire. I am a former Board member so I know the what the Boards obligations are. What I am asking if a decision made by a Board can be implemented after their term expired and two directors were replaced. As i stated in my last post. Elections were on January 15, the day the new members were seated and the firing occured on January 31 from a decision that was made on December 10th.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steven,

Why was there a 6 week gap between the decision to fire and the actual firening? Were they looking for a replcement? And what type of employee was this? A P.M might need some time to replace where the guy who changes lightbulbs would not.

And as I stated, because you are not a Board member now, why is this an issue with you? Because of the overlap in Board members seating, I am assuming ,but not being a Board member now, you may not be privy to all of the information as to the decision and time frame.

StevenB2 (California)
Posts: 7

Posted:

Donna,
It was an Ass't Property Manager of 14 years, who was having some conflict with the PM of two years. Our community is up in arms because we feel the wrong person was let go. Why they waited six weeks, I do not know. The search just began to fill her position. I am privy to the timeframe, because i was told about it at our Holiday party back in December. But this is all irrelevant, All I want to know if it is legal under California Condominium law for a decision by a former board to be implemented after their term expired without the consent of all of the new Board.

GeraldT4
Posts: 1,022

Posted:

StevenB2 - Is the assistant PM an employee of the PM? If so, not sure why the Association Board should have votes taken other than for forward movement on recommending the PM fire the assistant PM. Decisions may be voted upon that take time to implement. If a Former Board member took an action to bind a future Board that is way out of line. The former Board member should alert the new BOD to the action taken and let them resolve the matter accordingly.

As for legality of a former decision binding a future BOD, please do a google search for California Davis Stirling Act, research it, and please tell us if what occurred was legal.

RaymondC (Minnesota)
Posts: 64

Posted:

Surely, you don't imagine that all board decisions somehow expire when a new board takes office? That what you are asking? The answer is that he is fired, and the effective date has nothing to do with when a new board takes office.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

StevenB2: It would seem as a homeowner you are overstepping your bounds here.
Further, we need more info to answer intelligently. Are these 2-Mgrs. both actual employees of your Assn., or are they employees of the Management Company and the assn. is their account?

It sounds like the discussion & decision was made to fire; however you state this person's contract or term was to end anyway. So, why the need to actually communicate 'you're fired!', rather than just let the contract run to term and not renew with the Asst. PM?

StevenB2 (California)
Posts: 7

Posted:

Here is the situation again:
The HOA board made a decision in December to let go the ASS't property manager , because of conflicts with the PM. Then in January there were elections and three old board were re-elected and two new members were elected. On January 31st the decision to let go of the APM was implemented.Also the APM had no idea she was being fired until January 31st.The decision was carried out by an old board member who did not inform the new board members.

All I am asking is, did the old Board member have the right to carry out this act without a new vote of the current Board or at least inform them of the decision of the old Board.

I am not questioning the HOA's resonsibility to hire and fire or for the HOA to offer an explanation. Again, all I am asking is, did the old Board member have the right to carry out this act without a new vote of the current Board or at least inform them of the decision of the old Board.
Thank you

GeraldT4
Posts: 1,022

Posted:

StevenB2 - Okay, now I understand. Well, seems to me the three old board members that got re-elected should have told the new board members of their previous decision to fire the APM. This was not an action taken by one old board member. All three decided to take the action, the old board member was carrying out the duty of implementation. The old board members have a majority over the two new ones. Therefore, would a new vote with the newly formed 5 member Board have made a difference in the outcome? More important is what other actions were decided upon but not yet implemented? Have you as a new Board decided amongst yourselves who the officers of the Board will be?

StevenB2 (California)
Posts: 7

Posted:

A vote may matter, because it was not neccessarily a unanimous decision by the old Board. It may have been that one or two of the remaining members were against the firing (pure speculation on my part.) New officers have been elected. BTW, I am not a Board member (I happen to be a former Board member. I left the Board two years ago)

Most homwowners feel the wrong person was fired and what I would like to know, if we can request the new Board to vote on the dismissal (in private, of course.)This is not to question the authority, but to make sure that the new Board is in agreement.

GeraldT4
Posts: 1,022

Posted:

StevenB2 - A unanimous decision of the Board is not needed, not sure why you think it is. Non-Board members are not privy to the details that Board members are. What may not make sense to some, may have entirely understandable reasons. There's nothing wrong with approaching the Board in or out of an open meeting and asking them to provide you a reason why the APM was let go.

StevenB2 (California)
Posts: 7

Posted:

All I was saying is that some of the remaining members of the old Bosrd may have been agianst the firing and coupled with the newly elected members may form a majority to not fire. I only bring this up because the firing took place under the watch of the new Board, and I would like to know if the majority of the new board supports the firing.

GeraldT4
Posts: 1,022

Posted:

StevenB2 - There are 3 old Board members and 2 new ones. You want to know if the majority of the 2 new ones are in favor of the firing so they can join with the old Board members to undo a decision you are not happy with, is that correct or not?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steven,

WOW! Total new concept. You get the votes "not to fire" from the old Board and the votes "not to fire" from the new Board and VOILA!, now you have the needed votes. Wouldn't that be a fun way to go. (I am just yanking your chain) Anyhow, I really think that the old Board had the say-so and unfortunately it overlapped the new Boards election. Property managers are not an issue that should cause such a devisive situation as they can come and go and be replaced so easily. Unfortunately, the general residents may have liked the former P.M. but they don't do the hireing and fireing as they are not directly involved where it counts, in the office and business of running the association.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

StevenB2: You seem very intent on an answer to which Board is the one to fire this person; however, you have not posted what your Management Co. states as the agreed-upon process according to the contract between them and the Board.

Once it is decided who gets to vote on retaining or firing, the Board MUST follow the process (30 days notice?) as outlined by the signed contract. The notice, no doubt, needs to be in writing, and, certainly not VERBAL!!!

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