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President sends amendment ballots for a vote without Board's input

Started by RoseM11 • 6 replies • 115 views

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RoseM11 (West Virginia)
Posts: 7
Posted:
Hello,

Has anyone experienced this ...

Our HOA president, without the other three officers knowledge, created a ballot with 11 amendments he hand-picked, a video advising community why he felt you should vote yes to all, then emailed everything to the members encouraging everyone to vote. The other 3 officers were blindsided. He also set a meeting date and encouraged people to hand-deliver their ballots to him - he would hold onto them. Long-story short, nothing passed and angst throughout the community went crazy. His reasoning: to give control of the association to the members - not the Board.
MichaelS56 (Minnesota)
Posts: 859
Posted:
The other Board members better deal with the President belief that he has more power than they do. The amendments are not Board approved, therefore the residents should be told. Dealing with a President who believe that they are omnipotent.
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By RoseM11 on 03/18/2025 8:50 AM
Our HOA president, without the other three officers knowledge, created a ballot with 11 amendments he hand-picked, a video advising community why he felt you should vote yes to all, then emailed everything to the members encouraging everyone to vote. The other 3 officers were blindsided. He also set a meeting date and encouraged people to hand-deliver their ballots to him - he would hold onto them. Long-story short, nothing passed and angst throughout the community went crazy. His reasoning: to give control of the association to the members - not the Board.
?

The Board does not have the power to decide whether to present amendments to the owners.

But the Board does decide how HOA money is to be spent. Did the HOA president use HOA resources to arrange this vote? E.g. did he use HOA funds to buy stamps to send the ballots to owners?

What exactly do your bylaws and covenants say about putting amendments to a vote of the owners? If the President violated these bylaws or covenants, then the board should consider removing the president. Is there any reason why the Board will not replace the president?

Please remember that there is a difference between officers (president, VP, Secretary, treasurer and similar) and directors. Normally bylaws say that owners elect directors. Then directors select the officers. Sometimes a person can serve simultaneously as a director and an officer.

Was the person who is serving as president also elected (by owners) as a director?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sounds to me like the board needs to remove the individual as President (although they would still be a director, have a seat at the table and one vote).
DeanJ
Posts: 1,786
Posted:
While I don’t condone this a proper, what if one of the owners did the same thing?
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By RoseM11 on 03/18/2025 8:50 AM
His reasoning: to give control of the association to the members - not the Board.

and what's wrong with that? I've been doing that for years and the membership has overwhelming approved the changes.
We want board to be required to sign ethics agreement.
we want board to be required to hold a vote on expenditures greater than 10% of budget
We dont' want a mgt company
We don't want a big budget, etc.

Waht the hell was on the ballot that didnt' pass???
vis ta vie

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