One board member running the community

Somewhere in your documents there should be procedures for the homeowners to call a special meeting, it usually requires a certain percentage of the membership signing a petition to call one. After the petition is given to the Board, they have a certain amount of time to call a meeting or (check your documents) if they fail to then the homeowners can call it. Call a special meeting to elect a new board, the new board can then remove this woman from the position of president (not the Board, that would take a recall) and undo the changes they think need undoing.

Thanks

Jim,

It's sad, but this is what happens when board members don't understand their governing documents. The board members could have removed this person from her position as Pres instead of just resigning and leaving her to run the assn by herself. Now she's in her glory and the whole assn is suffering.

I agree with Glen's suggestion to circulate a petition to ask the BOD to call a special meeting of the members. However instead of the purpose being to elect board members I would suggest the purpose be to recall this board member AND to elect a whole new board. The fact that she drove all the other board members to resignation should be reason enough for her recall! However, if this is the route to be taken you must have candidates for the board positions; you cannot wait until the meeting and hope for nominations from the floor. Depending upon what the bylaws call for, you may be able to elect a lesser number of board members. For example, if you had a 5-member board you may be able to elect only 3 members and they in turn can appoint the remaining 2 members. The goal is to get rid of this board member and to seat a board that will perform their job in the best interests of the assn.

Would you please provide more info? I am not so quick to say this President is wrong without having more info. I can imagine many scenarios where she could have justification for her actions. I also have a difficult time supporting those who would tuck their tails and resign just because one person has chosen to stand up for what he/she wants in the community. It takes effort, but if this person is wrong, then your own docs and state laws, or the very least, majority vote could stop her. The best way to create change is to get on the board and work for it. IMO.

Michele and Lynette,

Your questions are all well and good and accepted as good advice.

However, does this forum make a practice of requiring complete justification for anyone that poses a question. I don''t think there has been any individual response to the OP that is damning the actions of this Board Member. The replies seemed to be IF this was happening then this is how you effect change to the operation of the association. Asking for additional information on many posting falls on deaf ears. I sure don't get the impression from the posts anyone is trying to validate or invalidate the actions. For one thing the accusations are just not that specific nor can they be, (with certainty) on this forum.

Those that answer these posts have to be constantly aware not to play favorites or pick side. It happens, I don't see it happening here yet.

Robert,

It's often difficult to get enough candidates to run for the open positions. In this case, we're talking about replacing the whole board. That's why I offered the thought that it may not be necessary to elect the maximum number of board members. Of course it all depends upon what the bylaws say. Some say the board may be made up of "no less than 3 and no more than 5 members, but it shall be an uneven number" -- that means a 3-member or a 5-member board is allowed. Even though the past boards may have had 5 members, if there are only 3 willing candidates they can be elected and "if they choose" they may appoint 2 additional board members.

Jim,
I can say with confidence that those that post here regular are not casting stones at individuals, and certainly not at you Jim.

These things happen, and whoever pointed out that by all the members save one resigning created an unhealthy atmosphere and had consequences, these consequences should serve as a heads up for others considering the same actions. I'm eighty and I also care for a sick wife, with help. It will eat you alive, as you know, but there is no alternative for some of us and we will do it till we can't.......so be it. All this means there are other things in our lives besides HOA or condos, every one know this, the remarks were against the situation that had developed, not an attempt to be critical of the individuals, in spite of some of the words used.

Your insight, after the fact and recent, would mean a lot if you care to comment of this subject. What was your relationship with this individual and how did the Board operate other wise. Were meetings (BOD) open or closed, was this subject brought up at the Board meetings?

I dunno, Mary, I have to disagree.

I still don't think we have enough information to make any claims about the president yet.

I especially feel it's extremely premature to even suggest a recall.

We don't know how long Jim was on the board prior to her joining.

We don't know how long the other board members were on the board prior to joining.

We don't even know how many other board members there were.

There could be many explanations why the new board member rubbed Jim and possibly the others the wrong way.

Somehow they elected her to the office of president her first year out of the gate,though. That rarely happens on our board. We generally don't vote someone into the president office until they've been on the board a term or two.

Also, if they have been on the board a long while, and she was wanting to make changes, this could have caused anxiety, frustration, and disappointment among the other members. "But we've always done it this way....and SHE wants to change it!!"

Sometimes boards get set in their ways and don't look at themselves or their processes through fresh eyes.

Perhaps she was the "fresh eyes" with the management company and, as president, I don't think it's outside her role or overstepping her bounds to make certain demands on a management company that may have been unsupervised for many years. We don't know that it has been, but that's my point. It very well may have been on autopilot.

We often hear the other side, where residents complain that the board doesn't do anything and the management company does it all and even directs the board in what it should or shouldn't be doing.

In those cases we recommend the individuals step up to the plate, get on the board, and make some changes, like making sure the management company knows it works for the board/association and not the other way around.

I'm sure whenever that actually happens, the senior board members find it objectionable, pushy, etc etc etc.

This may even be very close to what happened in this HOA.

We don't know how long she's been "running" the board alone, either. It could be 1 week, 1 month, or 4 months.

One thing she needs to do, for sure, is either appoint or hold an election to install more directors, depending on what the governing documents of the association say she can do.

For example, we can appoint vacant seats.

Plus, I'm not putting much stock in the rumor that she allegedly asked the management company to do something unethical.

If I were a management company that is suddenly being held responsible after years of having run on autopilot (or at least had a compliant and undemanding board for years), and I got fired, I would try to make this person look bad, too.

And getting into a dispute with one of the homeowners on the property (what property? what type of dispute?) is also very vague and gives us nothing to be able to characterize the president one way or the other.

In fact, I will tell you, I just got back tonight from a very lengthy "meeting" with one of our homeowners regarding their sidewalk crumbling.

It would be very safe to say that I got into a dispute with this neighbor.

She insisted that the "Itty Bitty Committee" (what she calls the board) and needs to change our "Itty Bitty Committee Rules" (what she calls our CC&Rs) because she REFUSES to fix her sidewalk, insists that the HOA fix it, even though the CC&Rs state in black & white that the sidewalks are the homeowners responsibility.

Sometimes getting into "disputes" with homeowners is part of the job. We don't like it, but not everyone likes having to live by the rules.

If they think they can get in your face and intimidate you so that you give in, they will try it.

I have had to stand my ground many times. I've even had a homeowner throw a rake at me during one such "dispute."

He was installing a fence with no approval. I dropped by to give him the paperwork to fill out. It contained the fence guidelines that specified the finished side of the fence is to face out; he wasn't doing that, he was facing it in. But he only had about 8 feet of fence completed, so it could have been fixed easily. He just didn't want to do it, so he called me a few choice names and threw a rake at me.

In the end, you may be right about her.

But I just don't think we have enough information, and what we do have is very ambiguous and possibly biased.

The present board of (one) has set standards and requirements so high no one wants to be on. If to many get on they may not agree with her thinking.

Brief History of condominium
Our community consist of 31 buildings with approx. 6 units per building most are 2 story townhouse style some with walk in crawl spaces.

I bought this home in 1992, and have seen this community deteriorate because of the rental problem.

I do understand the need for rules to keep our home values going down. I have been on the board 3 times as board member vice president and president.

The only reason I chose to be on the board this last time was to try and resolve the rental problem, but had to resign because of family health problems.

About the time I was getting off the board the president was rewriting the rule and regulations. If I had read them I never would have resigned.

Most of the rules are standard and on the most part I was ok with., but on the rule for pets, she decided that the board would determine what dogs were considered dangerous, and stated that we were only allowed 2 dogs and must not weigh over 40 pounds each. Sense 1986 nothing of this has been so uncaring as this.

I do understand we have to have rules for pets, but give me a break, I don’t live in an apartment.

Michele,

I only suggested a recall and also stated the matter be discussed with the members and it would depend upon how they felt as to whether or not a recall should be undertaken.

I also stated that I like to give the benefit of the doubt but that doesn't mean I don't believe what the OP is saying. In fact, from what he has said, I get the impression this person is a control freak. If not, then why hasn't she appointed a few board members instead of running the assn alone? In fact why wasn't that done immediately after the second or third board member (at least) resigned? I doubt the board does not have the authority to appoint board members when there is a vacancy on the board.

All we can do is form opinions from the info we have. I doubt we'll be hearing from the Pres so all we've got is the OP. Perhaps he can shed a little more light on what is going on. For instance:

How many board members should there be?
How long has the Pres been running the show solo?
Are there any other problems with the Pres besides her desire to re-write rules?
Are the finances being handled properly?
Has a new mgmt co been hired?

I could go on, but answers to these questions will do for now. . .

Mary:

PS: I think I did somehow jump over your qualification about the benefit of the doubt and thought you were jumping to the conclusion she's a control freak.

I apologize for that.

But I'm still less inclined to think so.

I really do wish that Jim would answer more of our questions, so we can have a better grasp on the situation.

How many other board members were there?

How long had those board members been on the board?

How many board members should there be?

How long has the Pres been running the show solo?

Are there any other problems with the Pres besides her desire to re-write rules? (Note: Jim made a vague allegation that he heard from "someone" that she had asked the management company to do something "unethical" but we have no clue what that was or who was the originator of that rumor)

Are the finances being handled properly?

Has a new mgmt co been hired?

Not really.

We can't say that at all.

For one thing we have no idea how long she's been the lone board member.

Jim also said that people don't want to be on the board because she "set the standards too high."

Which could mean she expects them to work for the association and not phone it in.

Plus, I only said we can say "go get'em girl" or something similar, if the scenario ended up being one of a complacent board, who let the management company run things for too many years, not properly enforcing the restrictions, because the board was too hands off, and now someone (her?) is stepping forward to swing the pendulum back in favor of the membership.

And the way that Jim worded it, she appears to have been president before the board members walked away.

And it appears they walked away because she was putting the Management Company's feet to the fire.

Which the other board members may never have done, which is why they found it so offensive.

But, again, even that is reading between the lines.

Which is the point of how Mary, you and I can come to such wildly differing impressions of what may be going on.

We have ambiguous and vague statements so far.

I really hope that Jim does come back and reply to the questions.

It would be very helpful and I would have no problem adjust my perspective to fit the new data, if there is any forthcoming.

Bottom line she expects those who volunteer to take on a lot of duties they are not willing to do. Most do not want to speed all there time doing extra things.
When I first started we were having board meeting one or two times a week.
She has committees in place and that is good, but people are hard pressed to keep up with it.

Thank you all for your input. I will be closing this subject out for now.

Wow. A hard worker who wants other hard workers. Though I can see why that would be difficult for you in your position, given your needs at home.

She has committees in place. . . . so she's not really going it alone? Except that people are hard pressed to keep up with it. .. or her. . . hmmm.

Think about what you are saying.

Michele,

Sorry, but I think she sounds like a bit more than a "hard worker" -- control freak comes to mind for sure -- or grossly unorganized!! They employ a PM and she is calling 1 to 2 board meetings a week to manage 31 buildings with 6 units each = 186 units. My assn has 1702 single family homes, 17 parks and a multitude of lakes and common area. We employ a mgmt co and have board meetings once a month with a recess in Jul and Dec. I know of master planned communities with 10's of thousands of units that only have board meetings once a month. It's no wonder they can't get members to volunteer for the board!

I agree it would have been nice for Jim to provide us with more answers to our questions, but I certainly do understand and can sympathize with his private limitations.

Well,
I think you are both right Mary and Michele, it's just a matter of degrees.

Also, what she is doing, why she is doing it and how it got to be that way, may not be the issue here, and your differences highlight what may be the real issue.

I think, this person or any one else has no authority to act in any way simply because one person can get away with it. It certainly is not the kind of management that can be defended by the documents. She has no authority as a one person board, except the authority to make the Board whole or shut the place down..............at this point she, or anyone, should be on Maintenance mode.

Pistols at thirty paces under the old oak tree. select a second and come loaded (ammunition, alcohol and drugs don't count).................I will count the paces and give the order to fire.

I think this is all going to get worse and the membership is going to have to take a hand and make some changes. If they don't and things continue this way, the longer the time the greater chances for some liability for the association, and this lady is going to get tired of trying to handle this on her own and she just may be liable personally for any unilateral decision she makes.