A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

the board of directors

Started by JanM5 • 17 replies • 2148 views

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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JanM5 (California)
Posts: 12
Posted:
is there any action by the president, of an hoa in a mobile home park, that cannot be overruled by the board. the president recently closed the meeting to stop the board members from voting, knowing their vote would overrule her. what's the next step the board should take?

also, should all correspondance read at the board meeting, also be read at the residents meeing?
MicheleD (Kentucky)
Posts: 4,491
Posted:
The president is not a king/queen/dictator.

The president only has one vote, so the board can most definitely "over-rule" something the president does/says/wants.

Now, as far as closing the meeting, if there was still a quorum with the president "adjourned," then I would almost have been tempted to motion to un-adjourn and carry on the meeting with her if it were seconded and carried.

The president conducts the meetings but is still only one vote.

Then again, I don't live in Florida and some of the Floridian experts will have to weigh in on that one, including the question about the documentation/correspondence reading.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jan,
Every piece of information , corespondence and minutes is open to the membership. Read it at the members meeting so that you won't have to publish it, you won't have to make copies on demand to the members and why not just do it?

By my last count, when any votes are taken, does not the majority rule? Is someone afraid of the Queen/President? To adjourn a meeting, doesn't she say "All in Favor"?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Jan,

As Michele says, the pres is not the "king/queen/dictator" and only has one vote. A motion must be made to adjourn and voted on by the board, so the Pres can't just say, "this meeting is adjourned". Sounds like this whole BOD needs to be educated on the role of the Pres.

Regarding the correspondence issue. . . Unless a piece of correspondence is addressing an issue the membership has been discussing I don't know what would be solved in reading every piece of corres. received by the board in the course of the year. In fact, our board sec doesn't formally read all corres received but a copy of each letter is included in the board packet. The mgr will make mention of each letter and the board may make comments if required.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The presiding officer CAN call a motion to be "out of order" if it is harmful, inappropriate or in conflict with your documents and it would not be recognized as a motion.

But still, she should not have "ended" the meeting (and by the way, she had no right to do that; the board should have continued the meeting even after she left. It would have taken a motion to adjourn the meeting without completing all business on the agenda)

Usually, there is a time for a listing of correspondences at the beginning of the meeting. Those correspondences should be acknowledged, and if an action is requested, there can be a motion/vote on it - or not. The Board many choose to NOT act on any suggestion it receives. The minutes may say: "correspondence from Mr. Smith regarding fence. No action taken."

JanM5 (California)
Posts: 12
Posted:
i thank all of you for responding to our questions. you're right, the board is not sure of what they can and cannot do. Our president and her friends love blind siding people and picking someone to humiliate. It has been nothing short of disaster since she was elected. No one else will run because of the hostility that exists here. Sweet little old ladies, I think not.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jan,
Yours is the type of places that make me wish that I had not left Florida. I LOVE to take on these "Royalty" types.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Donna,

You remind me of Merle Haggard's "On the Fightin' Side of Me"! LOL
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,

You have me right--the Gemini in me.-- &
JohnM3 (Florida)
Posts: 288
Posted:
I have had the same fight in the past with my President. I finally got the answer A President cannot vote ( Roberts Rules of Order )
President: Point of Order
Prez: That cannot be
You Point of Order
You The meeting cannot end until such time as all agenda items are covered and approved or voted on Florida Chap 720 Ruling Sl 178
We hereby ask the President to take the votes and if refused ask for there resignation effective 30 minutes ago.
Do I have asecond on my motion?

end of calamity period done it many times and it works as to other posts if you have never served you should not post an answer because you are guessing and that no longer counts

Have a nice day
MicheleD (Kentucky)
Posts: 4,491
Posted:
From what I can discern, everyone who answered in this thread has served.

But I will still guess when I feel like it anyway!

DonnaS (Tennessee)
Posts: 5,671
Posted:

Mr. JohnM of Florida,

You said "as to other posts if you have never served you should not post an answer because you are guessing and that no longer counts

Have you taken over for GeorgeW of Indiana?

Your post is so disconnected that I do not know what you mean. You remind us often that you have served for 19 years or something like that. I get the feeling that you are either an ex Marine or Cop. Which is it.
DanaB1 (Connecticut)
Posts: 319
Posted:
Jan,

I know that Florida has many unique rules but isn't your President elected by the fellow board members? And as such can be removed by them. You can't remove her from the board but you can strip her of her officer's position.

Dana
RobertR1 (South Carolina)
Posts: 5,164
Posted:
John and Donna,
On this Board (site), all have a vote, I use my vote to second Donna.

It is not the lowly member that is being pushed around John, it is the exalted members of the Board.

Tell me John, are you a Board Member first, or an owner first?

MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

First of all, I'm not a big fan of ROR as I think it's much too complicated for many boards to fathom and it really does not apply to how HOAs are organized. Secondly, IMO, only a Pres who is afraid to state his position will use that excuse, together with one who knows he can use the excuse that "I didn't vote" when members complain about a particular board action! And lastly, I certainly don't agree that only a past board member can intelligently comment on this or any other thread on this forum.

BTW, yes I am a former board member and a current BOD advisory committee member so, in your eyes, I have the right to post this message. But, I hope you know, I would have responded anyway.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dana,

That is correct. The Board is elected by the members and then those elected Board members select their officers--according to Fl. Statutes and most all association Articles of Inc and Bylaws.

I really don't get Johns post about "Point of Order" Who called it? Was it the other Board members or actually,--IT DOESN'T MATTER.
JanM5 (California)
Posts: 12
Posted:
No, Donna, our members elect the president. We do not operate the park, our members do not own parcels of land in the park and we do not have the power of assessments. We are a not for profit under chapter 617 and a nonmandatory association formed under chapter 723. The purpose of a chapter 723 hoa is the ability to negotiate with the park owner. There is very little help out there for chapter 723 hoa's.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Jan,

The Chapter 723 statutes are silent regarding BOD meetings. However the Chapter 617 nonprofit corp statutes contain the following. IMO, IAW this statute, the Pres had no authority to adjourn the meeting on her own.

617.0820 Meetings.--

(1) The board of directors may hold regular or special meetings in or out of this state.

(2) A majority of the directors present, whether or not a quorum exists, may adjourn any meeting of the board of directors to another time and place. Unless the bylaws otherwise provide, notice of any such adjourned meeting shall be given to the directors who were not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors.

(3) Meetings of the board of directors may be called by the chair of the board or by the president unless otherwise provided in the articles of incorporation or the bylaws.

(4) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.

🎯 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

Terms of Use and Privacy Statement