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ElizabethM3 (North Carolina)
Posts: 2
Posted:
HELP ! What to do when the entire board is going to resign and no one is going to volunteer to be on a new board ? Does the current board have to remain in place ? We have scoured the bylaws and can't find anything about this. Any suggestions ?
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Elizabeth,

Scroll to page 2 of this Message board. There is a topic "No Volunteers For The Board" that will provide you with a variety of opinions.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Elizabeth,

Go to your State Non Profit Corp laws which is where you should be incorporated and follow their guidelines. Also, take Johns advice and do the search on this site. What a shame.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Something else to do is contact your state Attorney General and/or Secretary of State's offices. The Secretary of State may be empowered to petition the court for the appointment of a receiver.

Move quickly. Don't wait.

And why don't you consider asking the board to appoint you to a vacant position before the remainder resign. That way, you could do something.
RogerB (Colorado)
Posts: 5,067
Posted:
Elizabeth, I would ask the Board members who are willing to call a special members meeting for the purpose of electing replacement Board members. The notice of the meeting should emphasize to the members that they will incur much higher expenses if they chose to help get a few new Board members. Another less expensive choice would be for at least one Board member to remain and to pay a management company to manage everything.
RogerB (Colorado)
Posts: 5,067
Posted:
Correction:
if they chose "NOT" to help
ElizabethM3 (North Carolina)
Posts: 2
Posted:
I appreciate your help. I will try the state offices and see what I find there. I am actually one of the board members who is planning to resign. I could not begin to tell the whole sad story, but in a nutshell, there is one owner who has made me and the rest of the board (we have already had 2 others resign) miserable since he first moved into the neighborhood and that is why no one else wants to get involved as well. We are so small (14 units) we cannot afford any type of professional management or it would triple our dues, and there is NO-ONE who wants to deal with this man, they have flat out refused. I am at the end of my rope and just don't know what to do anymore. Thanks again for trying to help.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Elizabeth,

Do your docs have a procedure for removing a Board member? With only 14 homes and the apparent agreement of your neighbors, that might help solve the situation.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Side note:

Sorry - I assumed he was on the Board w/o knowing if he is or not.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Elizabeth - just let this happen. Be sure that the residents know the consequences. Sounds like everyone needs a wake up call.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
You all may rsign from the Board, but I don't see that as any kind of solution. The show must go on and if nothing is done, somewhere done the line you may have to pay a visit to a judge, along with your Problem child. God only knows what a judge may decide. With 14 units the work load can't be that much and just operate out of his sight. One person could handle books and let the rest slide until you all get tired of being bullied. Just keep good books and accounting and don't respond to anything else, make up 14 notices and put one in each door with a time stamp on it. Close the association door and do what is necessary.

When the other owners don't step up, they become culpable and are breaking their contract, in all probability. If one stays and does not resign that person will not be culpable, if an effort is evident.
Mass resignation does not absolve you of the responsibility of being an owner and a member, nor does it absolve the other owners, including the problem child.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By ElizabethM3 on 09/15/2008 11:16 AM
I appreciate your help. I will try the state offices and see what I find there. I am actually one of the board members who is planning to resign. I could not begin to tell the whole sad story, but in a nutshell, there is one owner who has made me and the rest of the board (we have already had 2 others resign) miserable since he first moved into the neighborhood and that is why no one else wants to get involved as well. We are so small (14 units) we cannot afford any type of professional management or it would triple our dues, and there is NO-ONE who wants to deal with this man, they have flat out refused. I am at the end of my rope and just don't know what to do anymore. Thanks again for trying to help.

Elizabeth,

Believe me I know what it's like to have the wrath of a PITA; been there, done that!! But, by resigning all you and your fellow board members are doing is playing right into his hands. Why give him the satisfaction of knowing that he's making your life miserable? It would be much better to stay on and start ignoring this guy. His goal is probably to totally destroy the HOA and if all the board members resign, then he wins! Is that what you all want?

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