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LizJ (Florida)
Posts: 34
Posted:
Our governing documents state that the "Treasurer shall cause an annual audit to be done by a CPA." We have not had an audit in at least the last 3 years during which time we have changed property managers 2x about to be 3x. The Treasurer has ignored requests to order the audit and the President has said, "We can figure it out for ourselves and we can't afford it." I am the Secretary of the board and at the last meeting I made a motion to proceed with the audit. The President overruled me stating that only the Treasurer could order the audit. I made another motion to DIRECT the Treasurer to do her duty and request the audit; the motion passed. The next day the President sent an email saying he wants to put that item and another item on the agenda for our next meeting which will be next week following our Annual Meeting.

Any suggestions on how to get the audit done? Any suggestions how to keep the item off the next agenda?
DonN (Michigan)
Posts: 357
Posted:
If your board elects the president and other officers, it may be time for a majority of the board to call a special meeting of the board for the purpose of electing a new president and other officers. Since a majority supported the motion, the president and treasurer are obligated to implement the order of the board. Since the president has defied the order of the board, it is time for a new president who will implement the orders of the board.

I suggest the above before considering litigation.

LizJ (Florida)
Posts: 34
Posted:
Thank you, Don. You are the voice of reason in the wilderness. I really appreciate your guidance. I do fear that his antics will ultimately cost the HOA serious money. The Treasurer will not act until the minutes from the meeting are formally approved and that will be at the same meeting that the president wants to reconsider the vote as "new business."
DonN (Michigan)
Posts: 357
Posted:
Hi Liz,

If you allow the board president and treasurer to defy the orders of the board under the ruse of needing approved minutes, the president wins. The rest of the board is intimidated. Just follow the bylaws which likely state that a special meeting of the board can be called by a majority of the board members. Make it a petition and include the purpose of the meeting and get the signatures of a majority of the board members. Then, distribute the signed petition to all board members with time and place of the board meeting. It doesn't matter whether or not the president attends; a valid meeting has been called. Conduct the business of electing new officers.

The rest of the board will demonstrate that following the governing documents and executing the orders of the board trumps intimidation. Sometimes hardball is necessary.

LauraP (Tennessee)
Posts: 17
Posted:
Liz, my name is Laura-what management company do you work for-any or self managed.

Sentry Management is in Longwood. this is my location.
You can call me at ext. 275. or 407-788-6700 ext.241
Terry Crawford. let him know I referred you.
thanks, Laura Prevesk

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