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JoannV (California)
Posts: 2
Posted:
Can an HOA legally run with one Board Member (President) and a Management Co.?
Our CC&R'S state five(5) Board Members.
DonnaS (Tennessee)
Posts: 5,671
Posted:

No, your Board is required to have a quorum to take any association actions. You need to look at the Davis/Sterling Act and follow the procedures for filling Board positions. But first, look under your Bylaws as that should tell you what is needed to fill the empty Board seats. There probably are instructions on appointments but you need to obtain a quorum (probably 3 members) in order to take any actions and vote on association matters. What the heck happened?
AnnaD2 (Florida)
Posts: 960
Posted:
Joann--what are the circumstances that make you the only board member? You must have really "p----d" off a lot of people! I'M JUST KIDDING!!

We'd like to help you! But we need a little more information. Check your documents to find out how to appoint people to vacant seats.
JoannV (California)
Posts: 2
Posted:
Thanks, for the info. I will look at our documents plus sterling/davis act and reply. I'm not the person left on the Board! No one wants to volunteer with this person on the Board and the Management Co. is rude to everyone.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Joann,
So the alternative is to let the association go to heck? Get a group together and pick the meanest, strongest and smartest and confront the demons.
BrianB (California)
Posts: 2,820
Posted:
For fun, i will go the opposite direction.

Yes, an HOA can legally operate with only 1 board member.... In some extenuating circumstances and weird/odd conditions. It all depends in the situation, the way the by-laws are written, the state laws around HOA's, etc..

I will agree with everyone else that 99.9% can't/don't do it legally, but it is theoretically possible to do so, if all the circumstances align.

I ran an HOA for many years as the only officer/board member, legally. And, as far as i know, that HOA is still run with only one board member.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Also check out Special Elections for when positions become vacant. This person IS one vote, and if there are willing people to fill the needed board slots, then his power diminishes, doesn't it?

AnneH2 (Florida)
Posts: 82
Posted:
I think that this was tried in Iraq without success.
KirkW1 (Texas)
Posts: 1,665
Posted:
Lets be honest, it is highly doubtful that there is an honest reason for not replacing BOD members. Most likely they can be replaced by the standing BOD (single person).

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