President removal

Started by LynnB • 14 replies • 3196 views

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LynnB (Arizona)
Posts: 1

Posted:

We have a dictatorship Board.
I finally got on the Board, trying for years, for the sake of all our homeowners. The board has hated me from the beginnng because I was trying to get more homeowners to come to meetings. They didn't. I kept asking what my position was on the Board, they said I didn't have one.

The Board and Managment REP are good friends. At the meetings they roll their eyes at me, if I say something they think is stupid.. they look at me and say "DAHHHHH"..they didn't like the fact that I kept trying to get issues resolved, brought up to me by homeowners.( the same issues addressed over and over for 6 1/2 years.) I am 58, widowed, disabled with chronic epstein barr and an eye disease. I am ill a lot of the time but wanted to make a change here in our community. The President kept making comments to me at meetings.."can you see this...can you see now?...like I made up the fact that I am almost legally blind. They are rude and crude.

I helped the board to set up a community event for our 210 home community this past Saturday. The way they were all acting, I had a feeling that they were going to try and get rid of me at the next meeting. Well, Tues evening they all voted me off the Board, one by one, right in front of me. The management company was egging them on. I have been upset since..that is until I read the postings here with other homeowners having similar problems. Our community is so fed up with the two women who run the board along with the management company. Many people use to come to meetings, now hardly anyone, they all got in on proxy votes.

My question is this:

What is the legal way to get the President and Vice President off the Board and get a new board that really
REPRESENTS ITS HOMEOWNERS?
I welcome all replies

pererag (Florida)
Posts: 7

Posted:

Unfortunate, its really hard to removed some one from the Board if you are alone! We been trying that for months. We even had a petition, but the majority of the Board need to vote in favor of take that person out. We been having that problem, without any results. Most people just selling and move out because the President aptitude....

My personal opinion, get copy of the Proxy for the next annual meeting, you need to have at least another person to want to be on the Board, and you two go around let people know that you will like to be part of the Board. At the annual meeting present as much Proxy as you can. This will guarantee that two people are in the Board.

Remember that the Homeowners only elect 5 members, those members are the one to select the Board of Directors, (President, VP, etc.), if you want to become President you need to have the majority of those votes. Its see difficulties, and believe me , IT IS!!

Good Luck!

LisaS (Illinois)
Posts: 341

Posted:

Read your documents and the State laws (if you have them). If you really are motivated you can get together a contingent, gather proxies, perhaps call a special meeting, and recall the Board. Or at the very least garner support and proxies for a better candidate pool for the next election.

Apathy from the membership is your greatest hurdle. I noted recently that people don't care unless it directly concerns them or their wallets.

I also apologize for the abhorrent and unprofessional treatment you describe. Disrespect of others (especially publicly) is a terrible example of bad leadership.
Best of Luck
Lisa

JoelL (Georgia)
Posts: 11

Posted:

Review the bylaws and convenants that govern your association.

Then go door to door and find others who are willing to serve on the board. Go door to door again explaining to residents how you and the new board will improve the association.

When the annual period for board open nonimations and subsequent vote come up, participate and follow all of the rules.. keep a detailed papertrail. If you are diligent in your efforts, you can succeed in getting the new board elected then you can terminate the agreement with the mgmt company.

Bottom line: you must do everything in accordance with the association's bylaws and convenants. If you cannot get a copy contact the association's attorneys. You can do this if you follow all of the legal procedures outlined in the bylaws and convenants.

EllieT
Posts: 3

Posted:

I had a directorship board too. They waisted a lot of money without having anything to show for it. I objected and asked them to do the right thing. Instead they tried to remove my car, gave me nasty comments in the meeting and asked me to leave the community if I didn't like it. I got two other homeowners on my side who had old issues with the president. They were both ex VPs and had to resign because of the directorship. I got heir votes and become the VP. The board still consisted of two dictators and me. The management was also on the dictator's side. So I didn't get to go to any board meetings nor got to help to improve our community. They even kicked me out of the only bodjet meeting that have invited me to. Any way, a new homeowner joined our community. I asked him to run for the board and explained the situation to him. He did run and become a broad member. The president resigned because he didn't like it. The new homeowner become the president. I changed the management with help of our new president last year too. Things were going well until a few days ago. We had new election , I am still the VP but the new president a young inexperienced guy didn't run. The new management interfered with our voting process and made sure they got what they wanted. So much about the new management. Now the BOD is trying to find excuses to get rid of me. The latest thing they have on me is that I communicate with the homeowners and ask their opinion so I should be removed. My plan is to continue to fight for democracy. I have done graet deal of improvement last year in our property and I am going to change the CC&R and the bylaws to allow more people to participate in the broad meeting and propose a website for he community to communicate so every body would know about what is going on with their investment, after all they are entitled to. Next week they are going try to get rid of me on grounds of sending emails! They need 75% votes which they do'nt have. I still have three out of 8 people on my side. I think the BOD need to spend their energy on improving the propriety instead. I also think authority should monitor the management ethical and professional conduct. We had so much problem with management companies teaming up with dictators. Something has to be done about that. Any suggestions?

Lynn, my suggestion is to get people on your side. May be new people that join the community. Explain to them what is going on and what you would like to do for them. Read your bylaws and CC&R. You may have to propose a change to promote a more democratic voting system. Get more people on the board. Every body wants something, try to help them with what they want and they will help you. It is not easy. But it is a good thing.

Take care
E

RandyS (Colorado)
Posts: 29

Posted:

I'd like to add question if I might, since we are on the subject here.

If a board member is voted onto the BOD, and then voted by the same individuals to serve as President, why would it take 25% of the homeowners to remove this individual if the homeowners were not the one's that voted them onto the BOD?

I could understand this being the case if this person were elected to the BOD by the homeowner votes, but they have no idea even of this individual even serving on the BOD.

I personally feel that if that member of the board was elected by the BOD members, then those same members should be able to remove them as well, without having to wait until the next election period comes about or needing to obtain 25% of the homeowners votes to remove.
A lot of damage can be done in a short amount of time by a dictator with no respect for others on the board.

Anyone have any comments on this or suggestions on how to right a wrong without having to wait forever?

RogerB (Colorado)
Posts: 5,067

Posted:

For HOA's the bylaws usually state that the members elect Directors to the Board and members can remove them. The Board usually would not have that power; check your bylaws. The Board not the members) usually has the authority to elect officers and to remove an officer from an office but not from the Board. Again check your Bylaws. If this is not the case you should consider amending your Bylaws.

Roger

RandyS (Colorado)
Posts: 29

Posted:

Thanks Roger,

After reveiwing, the homeowners have to remove, with a 25% vote.
I'm not certain if I want to bring up changing of the bylaaws inthis case.

By leaving as is, the members that appoint, are forced to live with decision, but this is a double-edged sword, the damage from an individual that fails at being a member of the board also opens up lawsuits, aand could cost the homeowners a great deal.

But, I would hate to see the board bringing in new members and then discharging them on a constant basis. This would say to myself as a homeowner that we have members in place that can not seem to be very good at making decisions. Plus, I have a duty to act in a prudent manner in these matters, and to safegaurd the homeowners, as well as the Board Members and the community at large. I'll try to get a topic on this and see what others on the board think. Worthit...Good question.

Your thoughts? Anyone?

BarbM (Colorado)
Posts: 4

Posted:

Lynn,

This treatment is totally unacceptable. Something to chew on, a strongly worded letter concerning violations of the Americans with disability act. This sounds as if there could be violations in the way they conducted this vote to oust you from the board. Unfair advantage of the disabled is frowned upon on many circles. But this approach may make them think this over for a new vote. Just a thought.

BAM

ET (California)
Posts: 7

Posted:

Our BOD is doing the same thing. There are 3 directors and it is usually 2 against the third one. Our bylaws allows them to remove a third director for whatever reason anytime. So they do. We need to change he bylaws to protect the 3rd board member. We must rewrite it in such a way that it would govern the BOD to make well informed and objective decisions as apposed to making decision based on what they feel that day.

EstherM (Texas)
Posts: 5

Posted:

We have a president and treasurer that decided last year they would not initiate nomination/elections because they knew they would be voted out and just stayed in. They have broken many many by-laws. I kept waiting and waiting because I wanted to run. These 2 have been in for years. So they asked me to fill the VP position because he moved away (they did this to I would shut up). With all my rabble rousing, this year they allowed elections. When we meet next week, the new board members want to make a motion to reasign the illegal 2 board members to members at large. That is not removing them, just reassigning them.

What do you think?

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By EstherM on 12/01/2005 2:31 PM

We have a president and treasurer that decided last year they would not initiate nomination/elections because they knew they would be voted out and just stayed in. They have broken many many by-laws. I kept waiting and waiting because I wanted to run. These 2 have been in for years. So they asked me to fill the VP position because he moved away (they did this to I would shut up). With all my rabble rousing, this year they allowed elections. When we meet next week, the new board members want to make a motion to reasign the illegal 2 board members to members at large. That is not removing them, just reassigning them.

What do you think?

More details are needed. What is an illegal Board member? Were the President and treasurer re-elected this year not? By members at large do you mean directors on the Board? What you mean by reassigning them?

I presume your Bylaws specify the number of directors, their term of office, and the process of electing members to the Board. If they are elected directors they are not illegal and only those who elected them can remove them. If they are not elected directors (illegal directors?) then they are not on the Board. The Board should elect officers each year.

Roger

EstherM (Texas)
Posts: 5

Posted:

The board president did not intitiate nomination/election procedures last year 2004-because she and the treasurer were sure to be voted out. When I found out, I started to raise hell and they quickly initiated nomination/election procedures in October as is specified in the by-laws. So now we are electing 2 positions when in fact we should have elected 2 more that are being held by the president and treasurer that will not step down. Now they are saying they are volunteers and want to continue on.

So when the new members and I meet this month, we will have a majority vote and although we can not remove the 2 illegal/stay on president and treasure, we will make a motion to reassign them from president and treasurer to just members at large with no voting rights. We are doing this so that we can fill the 2 positions with duly elected members.

I know it is complicated as these illegal manuevers are. We don't elect board members at the annual meeting. We have separate elections in October with some members whose terms are up leaving or being re-elected. Alternating as they are in for 2 years terms. These 2 gals have been in for 2 consecutive terms and have really broken several by-laws. But the hard way to get rid of them is to have a special meeting which is like pulling teeth around here as many owners don't live here anymore and the new ones don't want to get into trouble.

RogerB (Colorado)
Posts: 5,067

Posted:

EstherM, when there is no election the members whose term has expired are no longer Board members (unless the Bylaws state they are to serve until replaced). Therefore, I agree with your approach. There are only three legal Board members and there are two open positions. Bylaws usually state open Board positions can be filled by appointment by the remaining Board members.

The three Board members could document this via a vote or resolution that in order to comply with the Bylaws these two association members are no longer members of the Board. I would also recognize and thank them for their service on the Board.

Roger

EstherM (Texas)
Posts: 5

Posted:

Thank you thank you for your words as they have given us strength. This drama that these 2 have created is so stressful and unecessary.

God bless you Roger.

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