COMMITTEE

Started by TamH • 13 replies • 1741 views

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TamH (California)
Posts: 30

Posted:

When someone has been removed from past committees for poor judgment, bad ethics and harassment should they be able to be appointed to a vacant seat on the board? The new board appointed last April have only lived here less than a year and have no past history of this woman. The President was told and refuse to listen and says she has changed. How he knows how she has changed is beyond many..
There are a few in the community that know about this and are wanting to go back to March and April 2004 and ask for the minutes of this persons removal. This person was chosen to be the Secretary, can she then refuse us the minutes?
This is a community in Idaho and there are no HOA Statutes we go by Non Profit Statutes

FranD (Georgia)
Posts: 102

Posted:

Our Covenant states you can remove a board member but has to be done at a meeting so it is in the minutes. I am the Secretary on our board and yes, anyone can request a copy of the minutes for review. Minutes are kept forever so if you get audited and someone says I didn't say that, you can say oh yes you did, it is in the minutes... She cannot refuse anyone the minutes. If she does, she is hiding something or they are false.

Our management company told me this:
The minutes of the Board meetings are not automatically published to the membership. However, all members have the right to inspect the records of the Association, including minutes of meetings. The homeowner is allowed to make copies for inspecting the minutes, at a reasonable cost.

hope this helps

TimB4 (Tennessee)
Posts: 21,059

Posted:

Tam,

Idaho nonprofit corporation law, 30-3-131.Inspection of records by members, specifically allows members to view and copy minutes of the Board (with the normal limitations of what can not be viewed).

I expect that your Association documents allow the board to appoint a anyone they chose, providing that they meet any qualifications, to fill a vacant seat on the Board. It is possible that when the Board asked for volunteers, this is the only person who stepped forward.

Boards can only make decisions to the best of their ability. They do not hold degrees in Homeowner Association management. They work with what they have and usually try to do the best they can. You said that the board was elected in April. Therefore, I expect that you will have elections in just a few months. Based on this expectation, I would suggest that you step forward as a candidate and encourage others to do the same. This way, that person might not be elected to the Board.

Hope this helps,

Tim

FranD (Georgia)
Posts: 102

Posted:

I will look into the information above. Thanks. Yes, we can appoint anyone with a vote and don't have to meet any qualifications to fill a seat. Answer me this: The president voted this person in to fill a vacancy over the wkend without a meeting but since he felt we all thought it was ok, he did it and said the BOARD voted him in and he knows that this is not valid and I am challenging it. How do I make him understand this is not the way the Covenant says to do it? I told him to write up a letter asking anyone interested to fill this position and have him sign it along with the board and will have it on file that the BOARD then ok'd it. I like your degree comment in HOA mgmt. I am the secretary and plan to be on the board next yr if they vote me in.

SusanW1 (Michigan)
Posts: 5,202

Posted:

From what you have said, there was a vacancy and the president filled it instead of the entire board voting to fill the vacancy. WHO has the power???

At the next meeting, simply fill the vacancy the correct way.

SusanW1 (Michigan)
Posts: 5,202

Posted:

PS - in most cases, yes, the president fills vacancies FOR A COMMITTEE.

FranD (Georgia)
Posts: 102

Posted:

Our covenants states:

"Vacancies in the Board caused by any reason, including the addition of a new director or directors but not excluding the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining (emphasis added) directors, even though less that a quorum, at any meeting of the Board for the remainder of the term of the director being replaced. Said Director shall serve until a successor shall be elected at the next annual meeting of the Association to fill the portion of the term."

SusanW1 (Michigan)
Posts: 5,202

Posted:

BOARD vacancies are not the same as COMMITTEE vacancies. I thought the OP said this was a committee vacancy.

FranD (Georgia)
Posts: 102

Posted:

No, we don't have any committees yet, just board and a board vacancy.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FranD on 02/17/2010 8:08 AM
Our covenants states:

"Vacancies in the Board caused by any reason, including the addition of a new director or directors but not excluding the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining (emphasis added) directors, even though less that a quorum, at any meeting of the Board for the remainder of the term of the director being replaced. Said Director shall serve until a successor shall be elected at the next annual meeting of the Association to fill the portion of the term."

Fran,

Based on this wording, you are correct in the fact that the President did not have the power to appoint a director. As was earlier suggested, at your next board meeting discuss it and vote on the applicant, chose not to fill the vacancy or advertise for volunteers within the membership.

Tim

MicheleD (Kentucky)
Posts: 4,491

Posted:

What happened to Tam?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Oh, where Oh where, has our little Tam gone
With her hair cut long and her legs cut short
Oh where, Oh where can she be?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Robert,

LOL -- BUT, I think Tam is a guy!

FranD (Georgia)
Posts: 102

Posted:

HUH?

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