Board Member has "ABANDONED POST"

FrancescaM (Washington)
Posts: 264

Posted:

Hello all,

We have perhaps a common or uncommon prob here.

We have a board member who has been circling in potential foreclosure for months. His unit has been on the market for a very low price and things are not moving. He also is over 1000 dollars behind in dues.

#1. He has pretty much gone missing since his dues have been behind. He will not return calls, emails and has not attended a board meeting in 4 months.

#2 Our doc state the only way a board member can be removed is if 51% of the units will vote him off. We have NO other regs showing otherwise. I have read them back and forth.

My concern? He has been removed off of all HOA correspondance, and does not receive board packets with the monthly financials anymore.

He also threatend the HOA with legal action prior to his going mia in regards to reimbursement on an insurance claim. ( board majority voted to pay it.. he was opposed ) As a result we all got very hot emails and personally attacked me and another board member stating we were commiting fraud etc. He obviously has issues financial and emotional.. and quite frankly with someone like this I am not about to knock on his door and ask for him to give us a proper resignation as suggested by another board member. I asked that board member if he would go with me or if a group would like to go, and they answer was they "didn't feel comfortable" doing that.

Can MIA JOE BLOW just be removed off our emials, board mailings ect?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Francesca,

IMO, as long as he is still a board member he should receive any notice any other board member receives, even though his actions have the appearance that he has no desire to attend the board meetings. Why not send a letter to him asking for his resignation? If that doesn't work, do your bylaws or FL law (either HOA statutes or nonprofit statutes) allow an action to be taken by written ballot? AZ has such a statute in the nonprofit corp statutes. An action by written ballot means a ballot is sent to every member entitled to vote on the matter. The number of ballots returned must equal or exceed the number of votes required for a quorum and also must equal or exceed the number of votes required to remove a board member. This would save the assn the expense of calling a special meeting and the members might be more apt to send in a ballot than attend a special meeting.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Francesca,

Sorry, I should have said "WA law"!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Are you sure that the 51% vote is the ONLY way? does it use that word, "only"?

Or did it say "may" be removed? That gives the Membership a way to remove board members.

Check your state not for profit laws and see if there are some other ways. I can't believe that missing board meetings would not be a reason to use so that the board can declare the position vacant (abandoned).

SusanW1 (Michigan)
Posts: 5,202

Posted:

Also, look at the qualification criteria for board members.

Is "member in good standing" one of them?

If he is delinquent in dues, he could be declared not in good standing, thus a reason for removal.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By SusanW1 on 11/21/2008 2:30 PM
Also, look at the qualification criteria for board members.

Is "member in good standing" one of them?

If he is delinquent in dues, he could be declared not in good standing, thus a reason for removal.

But, only if that reason is stated in the bylaws. Francesca has stated she has thoroughly researched her docs and the only way to remove is by a 51% (majority) vote of the members.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By MaryA1 on 11/21/2008 5:55 PM

Posted By SusanW1 on 11/21/2008 2:30 PM
Also, look at the qualification criteria for board members.

Is "member in good standing" one of them?

If he is delinquent in dues, he could be declared not in good standing, thus a reason for removal.

But, only if that reason is stated in the bylaws. Francesca has stated she has thoroughly researched her docs and the only way to remove is by a 51% (majority) vote of the members.

Next year we plan on redoing our cc&r's with the help of our atty. It's gonig run our HOA 5k for the who redo. These cc&r's have many ammendments, but many original regs from years before.. 23+ actually..

Upon review, there IS NO WAY to remove a board member unless it's by homeowner majority. It is this situation that has me wishing to ammed that any board member must be free of collections ( mos past dus) and must attend meetings. If 1/4 the meeting are missed they may be removed... I have read other cc&r's that are of simular wording.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Francesca,

Good luck with the proposed amendment! Perhaps the attorney fee can be reduced if the BOD writes up the draft and just asks the attorney to review the changes rather than have the attorney tackle the whole project. Perhaps a committee can be formed and workshops held to work on this project.

I agree there should be other reasons for board removal of a board member. Both my former and my current bylaws allow removal by the board if the board member misses 3 or more consecutive, unexcused meetings or is delinquent 30 days in assessments.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I am not sure why you would want to remove him at this point, just treat him like the rest with notices, etc. Seems a decisions is coming down the line regards foreclosure that will change the whole picture. As I said I am not sure of this but I am sure the original poster should be very aware of what he says personally about anyone else on a format such as this. Best he re-read what he said, and then take his own council.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By RobertR1 on 11/22/2008 4:39 PM
I am not sure why you would want to remove him at this point, just treat him like the rest with notices, etc. Seems a decisions is coming down the line regards foreclosure that will change the whole picture. As I said I am not sure of this but I am sure the original poster should be very aware of what he says personally about anyone else on a format such as this. Best he re-read what he said, and then take his own council.

Hi Robert. I may be a bit too simple minded to fully understand what you are referring too. I myself am oppsoed to the non communication. Because I know our cc&r's I know the board is in the wrong. However, this decision as a whole came from our board, property manager. They claim he abandoned his post with no correspondance except threat of legal action..

Francesca

SusanW1 (Michigan)
Posts: 5,202

Posted:

Since this board member has not attended meetings and has accused other board members of "committing fraud" - it sure sounds like he doesn't want to be liable for the actions of the board.

It would be in his best interests, therefore, to submit a letter of resignation, effective BEFORE the vote that he thinks is illegal.

The president of the HOA could visit or call him and have him sign a pre-composed letter of resignation.

That gives him is way "out" and at the same time, the board gets what it wants.

Everybody happy - right?

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By SusanW1 on 11/23/2008 12:26 PM
Since this board member has not attended meetings and has accused other board members of "committing fraud" - it sure sounds like he doesn't want to be liable for the actions of the board.

It would be in his best interests, therefore, to submit a letter of resignation, effective BEFORE the vote that he thinks is illegal.

The president of the HOA could visit or call him and have him sign a pre-composed letter of resignation.

That gives him is way "out" and at the same time, the board gets what it wants.

Everybody happy - right?

Hey Susan.. that would be ideal if this was sarandipity. It isn't. The board cast this vote you are referring to months ago.... when he was on the board. The big legal scare had to do wiht a vendor that damaged a homeowner's care. The vender had gone MIA. Unfortunately there is no way to tack the group who did the damage.. it happend over a year ago. Now the amount paid out for the damaage? $500.... that is all. it was a scratch on the vehicle. The problem that may of come our ot this with the board member. Despite the mia missing vendor the provided our MC with licsensure ect, and it was witnessed that the vendor was on friendly terms which turned into more during the installation with the MIA board member.. Speculation as it sounds everyone knew that these two were more than vendor and board member.

Unfortunately, nobody on the current board is going to go knock on the dudes door. He has said hateful stuf, threatend all of us with a suit and has sent the HOA PREZ email teling her she is a *itch... ect. Crazy. But, being behind months in dues and going to foredosure is something this man knows we know. He is hiding essentially like a ground hog.

Frankly the only way I can see of riding the hoa of this issue in the future is having some basic guidelines for hoa baord members.. miss 3 mtgs.. gone. missed 2 months dues.. gone.. simple. WHy shouldn't that be enough to prevent further actions like this? I was just hoping anyone here may have different insight.

However, your idea of presigned letter should be mailed, certified to this man.... hopefully he will just sign it and fade off.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By FrancescaM on 11/24/2008 7:08 AM

Posted By SusanW1 on 11/23/2008 12:26 PM
Since this board member has not attended meetings and has accused other board members of "committing fraud" - it sure sounds like he doesn't want to be liable for the actions of the board.

It would be in his best interests, therefore, to submit a letter of resignation, effective BEFORE the vote that he thinks is illegal.

The president of the HOA could visit or call him and have him sign a pre-composed letter of resignation.

That gives him is way "out" and at the same time, the board gets what it wants.

Everybody happy - right?

Hey Susan.. that would be ideal if this was sarandipity. It isn't. The board cast this vote you are referring to months ago.... when he was on the board. The big legal scare had to do wiht a vendor that damaged a homeowner's care. The vender had gone MIA. Unfortunately there is no way to tack the group who did the damage.. it happend over a year ago. Now the amount paid out for the damaage? $500.... that is all. it was a scratch on the vehicle. The problem that may of come our ot this with the board member. Despite the mia missing vendor the provided our MC with licsensure ect, and it was witnessed that the vendor was on friendly terms which turned into more during the installation with the MIA board member.. Speculation as it sounds everyone knew that these two were more than vendor and board member.

Unfortunately, nobody on the current board is going to go knock on the dudes door. He has said hateful stuf, threatend all of us with a suit and has sent the HOA PREZ email teling her she is a *itch... ect. Crazy. But, being behind months in dues and going to foredosure is something this man knows we know. He is hiding essentially like a ground hog.

Frankly the only way I can see of riding the hoa of this issue in the future is having some basic guidelines for hoa baord members.. miss 3 mtgs.. gone. missed 2 months dues.. gone.. simple. WHy shouldn't that be enough to prevent further actions like this? I was just hoping anyone here may have different insight.

However, your idea of presigned letter should be mailed, certified to this man.... hopefully he will just sign it and fade off.

Just thoght I'd let you all know this worked out. The bank took ownership of the property yesterday afternoon... Sheriff and all.