new officers

Started by MaryM2 • 13 replies • 1617 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MaryM2 (Delaware)
Posts: 11

Posted:

what happens when NOBODY runs for office? Or nobody wants to be nominated for offices? President, vp, tresurer and secretary? Can the board force members to serve, or does the same board HAVE to stay another term?

CharlesW1 (Georgia)
Posts: 826

Posted:

MaryM2.

I’m not 100% sure but I believe the current board must stay on. They are nominated again by “default” It’s not right but I believe this is how it is. I too would be interested to know if they don’t want to should they have to serve another term.

Chuck W.

Charles E. Wafer Jr.

BradP (Kansas)
Posts: 2,640

Posted:

Mary:

I am not 100% sure but I think your current board stays in tact.

RogerB (Colorado)
Posts: 5,067

Posted:

When there are no candidates to become Directors the Board can not force anyone to serve. If no one is elected the current Director(s) who's term expires may continue to serve in accordance with their By-laws, or else they, or any other member, may be appointed by the remaining Board members to fill the vacated position. Those who's term has expired may chose not to serve any longer.

If no Director can be forced to fill an office. Those Directors who are unwilling to take an office (when needed) should consider resigning and be replaced by someone willing to serve as an officer.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MaryM2,

Nothing can force a board member to stay on a board.
However, a board sponsored Candidates Night could be a great method to attract participatio to a board.

Officers are typcially chosen by the board members at the first meeting following their annual meeting. Officers are not typcially chosen by the community members. Check your gov. documents. In some associations, the officer titles of secretary and treasurer don't have to be board members.

A board member can be a director, but does not have to be an officer. For example, some HOA's have 5 board members but only 4 options of officer (Pres, VP, Secretary, & Treasurer). The remaing officer is a Director.

If no one in your community wants to serve as a board member, or an officer, the board may be able to appoint someone. Check your gov. docs. to see what procedure is to be followed when vacancies occur. The ability to appoint someone opens up the candidate pool because an election is not necessary. However, make sure your gov. docs. are clear whether or not dual posts are permitted. In some HOA's, boards have been known to assign existing board members a dual post/responsibility.

GeraldT1
NNJ

MaryM2 (Delaware)
Posts: 11

Posted:

Thank you all for your responses. In reading my by-laws as you suggested, it states: (we are a small HOA 57 HOMES)
1. this corporation shall be managed by a Board of Directors who must be members of the corporation.
2. Election. at first annual meeting five (5) directors shall be elected (or appointed, as the case may be) for a term of one year, and the Members shall thereafter elect all five directors at each successive annual meeting.
3. Nominations for election to the BOD shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting.
4. Election. Election to the BOD shall be by secret written ballot at the annual meeting.

Our annual meeting is in 2 weeks.
We have nominated numerous people for nominating committee and either to busy, or doesn't want to do it. WE HAVE NO COMMITTEE.
We solicited in a newsletters/flyers for nomiations/letters of interest for the BOD. We haven't received ONE.
At the annual meeting if we the current interim BOD appoint people, what if they say NO?
BOTTOM LINE....Who has to stay in office? Us original 5 members???

RogerB (Colorado)
Posts: 5,067

Posted:

Mary, if they say NO let's hope some owners step forward at the meeting to volunteer to serve. Each current Board member can volunteer to be a candidate for election as well. You need to amend your Bylaws to have a 3 year term with 2 or 1 openings each year. This will provide needed continuity and alieviate some of your current problem.

JulieS (Georgia)
Posts: 412

Posted:

I would approach people directly and ask them to run for the board of directors. This is more personal than sending out something in the mail or surprising them with a nomination. A lot of people do not understand what is involved in being on the board. If you speak with them directly, they can ask questions, etc. Additionally, some people have a harder time saying no or not stepping up if personally asked. This may help you get some more people interested.

I would also change your documents so that there are staggered terms instead of the opportunity of 100% turnover. Since you are such a small community, you may want to look at going to three people instead of the five, especially if you have a difficult time finding volunteers.

CharlesW1 (Georgia)
Posts: 826

Posted:

I see you have gotten some good advice already. I too think there should be at least a two year commitment for board members. I personal know how difficult it is to get volunteers for the board. I think having a two year term may daunt many homeowners from volunteering but on the other hand it’s very difficult to have all new members on any board. You need leadership and that will come with experience.

JulieS response was very well worded. Many of the resident of a community don’t have any idea of what is involved with an HOA. I, as well would encourage approaching people directly. They feel obligated to run for the board. Oppose to any sort of mailer. It’s basically “junk mail

It may take some time, but if you want good quality, practical and fare minded individuals filling the positions on your board. I would take the time to ask residents (in your community) directly if they would be interested in volunteering to help their community. I believe you will be extremely surprised as to what kind of response you get.
I would also consider reducing the number of board members to three maybe four at most. Your community is small enough, with a little hard work it could be run properly with less of a number. It’s difficult enough to get volunteers at all, let alone five of them.

Good luck!

Chuck W

Charles E. Wafer Jr.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MaryM2,

No one has to stay in office, no one has to volunteer.

Your board shall (MUST)consist of 5 members. 5 members. Not 3, even though I understand JulieS's intention by suggesting 3 members. 3 people or 6 hands are less than 5 people or 10 hands. The workload needs to be shared, otherwise joining will be very unattractive to new membership. Do not reduce the members to 4 or an even number. This could cause a tie vote!! Technically aren't you already at 3 members regarding voting? Until you fill the vacancy, your board votes will technically need to be reduced to 3 because a member will have to recuse him/herself from voting to prevent a tie.
You should be careful to have one board member recuse himself if there are any votes to occur at your annual meeting.

What to do? Try to eventually incorporate RogerB's and JulieS's awesome suggestions by having board terms staggered in year lenghts of either 3,2,3,2, or 1,2,1,2.

In the meantime, there does not seem to be anything preventing your board from being the nominating committee. Go door to door and hand out some fliers requesting volunteers. But don't worry about this as some sort of crisis. Learn from this experience and consider it a blessing. It is always better to spend the time finding a qualified candidate, rather than a warm body that could be a lame duck, or thorn in your side. The board or nominating committee is technically interviewing someone to look after their own finances. If the community will not volunteer to be nominating committee, the board has an obligation to protect the communities best interests. After all, would you want some sort of schlub chiming in with advice, someone who does not know all that much about HOA related subject matters?

GeraldT1
NNJ

AnnT2 (Pennsylvania)
Posts: 1

Posted:

Our HOA by-laws clearly states that the BOD (Board of Directors) is comprised of homeowners who have been elected. No one can force a volunteer homeowner to stay on the BOD. If you do not have any volunteers then your only alternative is a management company. Then the homeowners will have to pay a management fee in addition to their HOA fees. With this knowledge hopefully several homeowners will step up.

GlenL (Ohio)
Posts: 5,491

Posted:

Ann welcome but the BOD cannot disband and turn it over to a Management Company and no reputable MC would assume that role. Now a Board can only meet a couple of times a year and turn most of the day to day operations over to a MC but you still need a Board to direct them. If no one is willing to serve on the Board; either a homeowner or a vendor who is not paid can petition the court to appoint a receiver to manage the HOA. These people who are appointed by the court will have absolute draconian power over the HOA including raising the fees to pay for their services. And they will remain in power until the HOA can prove to the court that someone is willing to step up and assume responsibility, something receivers have been known to attempt to block since it is a fairly easy and lucrative gig for them.

Studies show that 5 out of 4 people have problems with fractions

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

what happens when NOBODY runs for office?

Write a letter to each homeowner explaining if no one runs for office the court could appoint a receiver to maintain property values at the HOA. (google it) This receiver's salary and expenses would be paid for by your HOA dues and they will likely increase to cover the expenses along with special assessments to cover expenses deemed necessary by the court appointed receiver.

This should get people interested in serving as officers. When it hits their wallets, they get interested.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

From another web site:

Quote:

Getting The Attention Of The Community: I have, jokingly at times, suggested that a board of directors (or one remaining board member, if there is one), send out a communication to the homeowners with the headline

"YOU MAY BE FACING A $10,000.00 SPECIAL ASSESSMENT IF YOU DO NOT ACT NOW."

This heading could be followed by "This or worse could become a reality if we do not get community interest going and find members who are willing to serve on the Board!" And then follow with a plea for volunteer board members. It may be a bit misleading, but it is not illegal stated in such equivocal terms. And it does get people's attention. Truth be told, an association without effective administration could be facing this kind of an individual assessment, if things are left unattended too long. Inattention invites things like theft, waste, and deterioration.

Receivership: Another way to get homeowners' attention is to send a communication to all of the owners stressing the fact that if people are not willing to come forward and serve on the board, the last remaining act of the last remaining board director or directors will be to put the association into "receivership." When board members are ready to throw up their hands and drop off of the board either for lack of successors, or because of a difficult problem, I recommend that their last act, rather than leaving the association without any leadership at all, would be to put the association into receivership. It is not an enticing idea to voluntarily put an association in receivership, but it is better than walking away without leaving anyone in control (for those walking away, and for the community). Even a professional manager cannot run an association without a board. The manager can do a lot of things, but cannot act in place of the board. If receivership sounds inviting, picture this: a person who is chosen by the court to be paid by the association to perform services in management, whether or not the person has any kind of professional management designation or expertise. The receiver is likely to be given control of funds, and be given the authority to pay bills. The receiver might not be given any authority to make decisions related to maintenance, rehabilitation or reconstruction, unless funds have already been set aside for those purposes. A receiver can file and defend lawsuits, but has little opportunity to fully integrate membership.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here