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Another Board Member is MIA.

Started by FrancescaM • 10 replies • 1163 views

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FrancescaM (Washington)
Posts: 264
Posted:
I do not know how to say this, but another board member has gone missing in action, Sort of.

Our CC&rs do not have any guidelines for board members as far as legnth of time on board, attendance etc. ( it's in the middle of being reveiwed for updating this spring)

We have one board member who has gone missing and has not attended any meetings in 2 months. Due to this there have been a couple of issues that have been on a back burner. One of the months mtg minutes can't be approved as he was one of the 3 in attendance. He also verbally told our president that "He won't be at our emergency meeting as he is going to the gym".

Can we ask him for a written resignation?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Sure - in fact, WRITE it out for him and have him sign it.

TWO board members dropping by the wayside? What's going on??

When I hear something like that, there are things I think are going on:
1) The person does not feel as though he/she is contributing or is needed or is being acknowledged at board meetings and has nothing to do, so they don't show up, and probably won't be missed.
2) The board is being run by a few over-powerful members and so, they won't be missed if they don't attend
3) Outside commitments are pulling them away
4) They want the board to "fire" them, because they just don't have the energy to quit.

BTW - the minutes can be approved even if NO ONE was at the actual meeting who will now approve the minutes. It is just making those minutes the official record of the HOA. If the secretary is there and is voting for approval, that's good enough.

EllenS1 (Florida)
Posts: 1,148
Posted:
Francesca,

Are you certain this isn't covered in your bylaws? Our bylaws state "Any officer may be removed from office with or without cause by the Board". Then the board can appoint someone to complete the discharged officer's term.
DwightT (Idaho)
Posts: 664
Posted:
Ellen - careful with that. We have the same clause in our bylaws, but it only means that the Officer (President, VP, Secretary, etc) can be removed from that office. Not from the Board. There is an entirely different section of our bylaws that deals with removal of a Director (not officer), and it states that a Director can be removed "by majority vote of the Members of the Association."

So while Officers are appointed and removed by the Board, Board members are elected and removed by the Association members.
FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By DwightT on 02/02/2009 7:19 AM
Ellen - careful with that. We have the same clause in our bylaws, but it only means that the Officer (President, VP, Secretary, etc) can be removed from that office. Not from the Board. There is an entirely different section of our bylaws that deals with removal of a Director (not officer), and it states that a Director can be removed "by majority vote of the Members of the Association."

So while Officers are appointed and removed by the Board, Board members are elected and removed by the Association members.

Yes, Dwight, that is exactly why we are needing to update our cc&rs. You are absolutely correct!!

FYI, the first man who went MIA foreclosed and owed the board nearly 2K. He did make good on his dues, but only after he lost his place. He didn't come to meetings as he was on the Atty list of debts to collect. It' was a sad situation.

This other man who is missing mia, we really don't know what the deal is. He has owned here for 25 years, and his unit is paid off, not the same situation at al.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Francesca,

I may do no good to update your CCRs to change the requirement for removing a director. Have you taken a look at the FL nonprofit corp statutes. The AZ statutes are worded as Dwight indicated. But, why should the board have the authority to remove a director who was elected by the members, anyway????
FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By MaryA1 on 02/02/2009 8:18 AM
Francesca,

I may do no good to update your CCRs to change the requirement for removing a director. Have you taken a look at the FL nonprofit corp statutes. The AZ statutes are worded as Dwight indicated. But, why should the board have the authority to remove a director who was elected by the members, anyway????

The guidelines we are seeking for removal are simple. If you miss 25% of the HOA meetings then you will be removed from the board, also we are seekng that the board be up to date with HOA dues or they will be removed after behind 90 days.
MicheleD (Kentucky)
Posts: 4,491
Posted:
We just discussed this at our board meeting tonight.

The board can remove directors, but we don't (didn't) really have any concrete criteria to do so.

We have a committee now working on drafting that criteria.

One of the requirements is attendance, but I'm not sure how the final wording is going to be drafted.
FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By MicheleD on 02/03/2009 4:19 PM
We just discussed this at our board meeting tonight.

The board can remove directors, but we don't (didn't) really have any concrete criteria to do so.

We have a committee now working on drafting that criteria.

One of the requirements is attendance, but I'm not sure how the final wording is going to be drafted.

The attendance is am absolute must. Last year we had one board member go missing once his lost his job... and we couldn't remove him from the board. He didn't attend over 6 mos worth of meetings and we had an another one who made 50% if she wasn't going to her "kick boxing" class.

It's really hard to run the HOA with attendance as an issue. I work 2 jobs and serve on our board. I't hard, and Let me tell you it's not alot of love out there for us, but I feel if I am not there I will have the kick boxing individual and the MIA board member looking after our maintenance, etc. It's kind of scary sad that there is such apathy.

MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By FrancescaM on 02/05/2009 5:28 PM
but I feel if I am not there I will have the kick boxing individual and the MIA board member looking after our maintenance, etc. It's kind of scary sad that there is such apathy.


FrancescaM (Washington)
Posts: 264
Posted:
Quote:
Posted By MicheleD on 02/05/2009 5:34 PM
Posted By FrancescaM on 02/05/2009 5:28 PM
but I feel if I am not there I will have the kick boxing individual and the MIA board member looking after our maintenance, etc. It's kind of scary sad that there is such apathy.




LOL Thanks///

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