the authority of the hoa president

Started by JanM5 • 10 replies • 2063 views

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JanM5 (California)
Posts: 12

Posted:

The president and her friends have a personal vendetta against the person that operates the bingo in the community. The president says she is going to fire him, Our by-laws state the president shall establish all committees and appoint the committee chairmen. It does not say anything about serving at the pleasure of anybody. Exactly what is the authority of the president. Does she have any authority without the backing of the board.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jan,

The Pres has whatever authority granted to him/her in the gov docs. Some board members allow their Pres to exercise more authority than he/she actually has. Bottom line: the Pres can get away with whatever the other board members allow. In your particular case, I doubt the Pres has the authority to fire any employee of the assn, or even to remove a committee member, w/o the full approval of the BOD. The Pres is just one member of the board!

SusanW1 (Michigan)
Posts: 5,202

Posted:

By "firing" do you mean he/she is an employee? Or is this a volunteer position on a committee?

If your prez has the authority to establish committees and chairpersons, he/she could do a clean sweep of the Bingo committee and start over. Probably would cause a rucus, but whomever appoints has authority to unappoint.

JanM5 (California)
Posts: 12

Posted:

I recently reviewed the florida statute, chapter 723, it states everyone serves at the pleasure of the board of directors.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jan,

I took a look at the Capt 723 (mobile home park) statutes and couldn't see anything at all addressing committees. However, it is an unwritten rule that all committee members serve at the pleasure of the board. It's the BOD or the Pres who has the authority to form and appoint committee members, so why shouldn't have the authority to dismiss anyone from a committee. The members only have the authority to elect the directors.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Jan - why do you use the word FIRE? That makes it sound like this person is an employee.

If this person is a VOLUNTEER, then they are dismissed, replaced or asked to step down in their volunteer position.

MarianneG (Indiana)
Posts: 170

Posted:

While I agree with what many have said here, i.e., the president has certain authority in concert with the documents and with convention, I also think a wise president (or board member for that matter) should consider her/his role as a member of a team (the BOD). If a board develops in such a way that one person makes all the decisions and operates as a one-man-band, I would think trouble is a-brewing. Further, I think it is incumbent upon the president to establish a BOD environment that encourages teamwork and everyone's (board members) input on major decisions.

Firing an employee or replacing a volunteer seems like a pretty major decision to me, and one that I think IDEALLY would include input from the entire board. I'm kind of interested, Jan, in why you're asking the question and whether you are considering some sort of action regarding the president -- that is, if you want to say.

JanM5 (California)
Posts: 12

Posted:

MarianneG
The Pres. did fire (her words not mine) the Bingo Chairman. She told him she had 30 complaints about him. A couple of the directors asked where the complaints were, she didn't have signed complaints (process in place requires them). Her cronies had fabricated a tale and got others to sign a petition on that basis, she saw the petition but claimed to not have a copy. She was caught in several lies at the board meeting. All on tape (which he got a copy of). He's not sure what his next move should be. This president is like an attack dog. Makes no moves whatsoever to solve problems. She appears to enjoy blindsiding people when they least expect it, and the more people around, the better. Nobody here wants to volunteer because of the hostility that exists and she just creates more. People that have tried to help her end up being one of her victims, she doesn't know what she's doing and isn't interested in finding out. Our salvation is, her term expires in February.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jan,

The "firing" hinges on who made the appointment. Traditionally speaking, whomever makes the appointment -- either the BOD or the Pres -- has the authority to remove the appointee.

MarianneG (Indiana)
Posts: 170

Posted:

Jan,
WOW. It sounds as if your President is a prime example of the worst possible board member and officer ever elected to a BOD. From now until February, you and others have some time to find and encourage a more open, responsible person (maybe you?)to run for the board (hopefully in her place). Good luck.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I think Marianne is getting to the problem here. The Bingo caller is certainly not the problem. The propblem is the President, which really makes the problem the Board as the President serves the Board. If half of what is posted is true.

What to do? Time to re-group, go back to going to Board meetings and asking for changes in the Board methods of governing. Who needs all this kind of conduct from a president? Pressure each individual Board member for accountability. All this is going to do is get worse, unless you all change direction. Get some concerned neighbors, go to Board meeting and express your concerns. It don't have to be directed to the President, it is a Board matter and if they don't acknownledge this, time to start changing the board. Long process, but little by little you will usurp the power the President is yielding. Not legal power unless Board supports president. Most likely is, she gets away with it because she can get away with it.

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