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SteveC4 (Florida)
Posts: 154
Posted:


I would like to know...IM on the board ,Florida Homeowners, when making the decision on ammounts of what we can use for repairs....Does the president of the Association make the decision or The Manager board makes there decision to what they feel the amount we can use for repairs & painting.

Seems to me the presient has always made her/his word and decision on his/her own ,of what amount we can spend and not to spend.

Thanks
SureshD
Posts: 268
Posted:
No ONE person should have such authority as to dictate scope of work or amount to be spent.

Try addressing it in a manner where the BOD decides WHAT will be done or what the BOD would like to consider being done... solicit quotes for the work... choose the vendor/quote or scale back a project to fit a budget or reserve funds amount available.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

The purpose of the board of directors is to manage the HOA which means, among other things, making decisions regarding repair and maint of the common elements. All decisions should be made by a majority of the members of the board not just by the Pres. However, I know that some board members will acquiese to the Pres and let him/her run the show just as some boards will let the manager run the show. But, this is not how it should be done. If the decisions were to be made solely by the Pres then there wouldn't be a need for any others to serve on a BOD. Perhaps it's time for the board members to have a little talk with the Pres to let him/her know that decisions will be made by a majority of the board from this day forward. Do you and your fellow board members have the backbone to do this?
SteveC4 (Florida)
Posts: 154
Posted:
I agree with you!!!! The next meeting comes will let the whole board know that we all have the right to make the decision and agree on it...not just the president of the association only.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

Good for you!
JohnM3 (Florida)
Posts: 288
Posted:
Yeah great run this hoa by committee thats not a wise idea at all. I have been there and resigned over that whole concept. Simple repairs should be done same day not a month later that just makes a bad thing worse. You have a PM and a Pres that should be enough but cc the bod as a fyi

thats the right way not wait a month for a committee to argue about a small problem thats how we lost 2 pumps and incured a mountain of problems thata used to be fixed by 2 phone calls....are you running a business or a committee meeting of people who want to be in touch and actually produce zero for the goood of the community at large........I say run it past the bod twice and if it takes longer to get a majority to agree via email then go back to Pres / PM that at least works....Do you reaLIZE THATS WHY YOU HAVE A PRESIDENT TO MAKE DECISIONS. Thats the right way unless your running a social club.......
GlenL (Ohio)
Posts: 5,491
Posted:
John, I'm sure you are quite the benevolent dictator however unless your documents give you the power to arbitrarily make all of the decisions; I'm afraid you are the one who has it all wrong.

Studies show that 5 out of 4 people have problems with fractions
SteveC4 (Florida)
Posts: 154
Posted:
JohnM3 : Thanks for your intake....I must say I disagree with you..., I feel the whole board should agree and make the decisions...other then just the president of the association. Otherwise why have board members . I feel it's not up too the president of any association to make all the decisions.
MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

I agree with you -- and, I don't!.

The BOD is in place to make the decisions, not the President. I doubt your bylaws give the Pres the power to make all decisions regarding managing the assn.

I agree there can be some things that do not require approval of the BOD. If a particular project (that does not require a contract) has already been included in the budget then it may not require approval of the board when it comes times to do the work. There may be small maint issues that can be handled by the manager without prior approval of the board. But, this should all be agreed to by the board in advance. The Pres should never be permitted to operate as a "one-man show", so to speak.

My assn has several committee which report to the board each month. If a project is proposed the board votes on it accordingly.

Emergencies can usually be handled by calling an emergency board meeting instead of just allowing the Pres alone to handle the problem.
SteveC4 (Florida)
Posts: 154
Posted:


Thanks MaryA1 ! The board meeting s coming up soon and I will bring up to all the board members.....that the president of the association should not be the only one to make the spending expense amount or decisions on new topics and that we all the board mewmbers should vote on what we can spend for repairs and not just the president of the association.
JohnM3 (Florida)
Posts: 288
Posted:
You are totally wrong and let me explain for 5 years thats years not months I had to contend with a bod who could not be bothered to do anything they were emailed they were called they were door knocked they were given pictures of the problems...none could be bothered dont bother me you fix and then we tear you apart at the monthly meeting......for years the Property Manager and I conferred on all repairs notice 2 seperate people as in 2 people what would you have us do watch the community go completely disgusting to the point that you would have to give your home away is that what you suggest? When everything is left to a single person you tell me what the single reponsible person should do just let the place fail we started out with a high value of %275,000 want to know now what a house is worth here in this paradise $85,000 thats almost a 200percent failure. I resigned and a city employee turned on 2 fire hydrants 6 days ago and they have been running ever since....I have notified the city 3 times and there action is zero they are waiting for the new bod to ask for help......yea control by comm is surely the answer..........
SureshD
Posts: 268
Posted:
Take a look at your documents, most likely the Bylaws.

It may (should) spell out the specfic duties or authority of each Officer as an individual. If such authority as the Pres. is exerting is not EXPRESSED then there is no reason to assume that such authority exists.

Its best to show things in writing to avoid confusion.
JohnM3 (Florida)
Posts: 288
Posted:
Steve: If the President confers with the PM and they both agree what would you have them do? Keeping in mind the PM is a icensed manager and the President is elected by the BOD what action do you think should be taken......I am really interested in your answer?
SteveC4 (Florida)
Posts: 154
Posted:
As for the president of the association she was thrown to into being the president of the association, and the PM just listens and doesnt say anything. And your answer is if the president and the PM both agree and the other board members disagree...will have to have a vote with the board.
SteveC4 (Florida)
Posts: 154
Posted:
As for the president of the association she was thrown to into being the president of the association, and the PM just listens and doesnt say anything. And your answer is if the president and the PM both agree and the other board members disagree...will have to have a vote with the board.
JohnM3 (Florida)
Posts: 288
Posted:
Steve: We do not live there so you have to give us the entire story. This is a totally different situation than the one I have lived with for the past many years.....its just I am watching everything I built being destroyed in my own eyes and its very dishearting to ss what you have stood for destroyed.......
JonD1
Posts: 2,350
Posted:
Steve:

I am wondering just how long have you served on the board?

How long have you lived on this property?

How infomred are you about the daily occurences that take place in and around the property which is being handled by the Pres. and MC?

I tend to agree with John's opinion as I like to live in the real world not the world of rules drawn up by lawyers and politicians.

There need not be a vote taken on every decision made on the property IMO.

In my world each property is different so you can't use one rule for every situation. The boards and their members are different on every property so IMO each should be treated differently.

Just what is your problem with the way your property is being handled?
How was this person put in the position of President? Weren't they voted in by the members of your board?

Anyone else share YOUR concerns?

Are they making bad, uninformed, wasteful decisions?

In my case I have served for 24 years. I now hold the President's position. Why?
Because no one else wants the job or the headaches connected to it. I make decisions on a weekly basis either alone or with our MC in the best interest of our property. The other members of the board trust my judgement, would rather not deal with the day to day decision making and some have no real interest.

Like most properties we have some "once a month board members" they show up at the monthly meetings and then they are done till the following month.

I prefer to get things done.

If I were you I would ask myself several questions BEFORE I attempt to lay down the new law on your property:

Do the other members of the board want this new and more involved role?

If so why have they allowed this President to act in this manner without taking any action?

How long has the President served in their capacity? In the event they take offense to your suggestions or implications as to their behavior will you or anyone else be ready willing or able to assume their role?

Again, I ask what is your concern with the way things are and is rocking the boat worth what you might get in the end.
JohnM3 (Florida)
Posts: 288
Posted:
Thank you Steve as some seem to think we are dictators what they fail to understand is in the absence of working members the President is forced into that position many thanks for your thoughtfull conclusions and you may never hear this again but I intend to say it THANK YOU FOR TRYING TO MAKE A SYSTEM THAT IS A WRECK WORK. I just wish that people who have no inclanation to make there hoa a good place to live to please quit or etter still stay away from the BOD
SteveC4 (Florida)
Posts: 154
Posted:
My may concern is that the president of the association has been making her decisions on the amounts what we can spend on repairs since she has been the president of the association and making the main decisions....I think it really should be all on the board to agree, I know she means well ...but it should be agreed upon all the board members. Otherwise why have board members if the president of the association is going to make all the decisions.
JonD1
Posts: 2,350
Posted:
Steve:

Again how long has she served on your Board?

Is she making bad decisions?

Are the other members of the Board in the position to make informed decisions in a timely fashion?

A few weeks ago we had a severe storm move through the area. We lost an 80' oak tree and two roofs were damaged. The only Board member aware of this is me. By the end of the following day the roofs were repaired and the tree removed because I made the decisions who to call and who could handle the work that needed to be done.

There is no way asking the other 8 members of the Board for their thoughts as to what should be done would have been efficient, or timely.

If you needed to obtain the support of the other Board members whould you wait till the next monthly meeting?

IMO the reason you have a President is to move things along. Make this system work.

If you have the need to hear the opinions of others or make a group decision on each and every matter I would suggest the operations and management of your property might suffer and most likely will.

Nothing more frustrating for me when I have to discuss issues the other members of the Board who have no knowledge of the details and expect me to repeat over and over again what happened so they might make their own determination about a matter that has already been addressed and settled.

Steve, my advice pick your battles carefully. You might risk alienating not only the President, MC but also the other members of your Board. And for what so everyone has their say, the process might slow down in getting things done, and in the end it accomplishes what?

If you only concern is the other members of the Board not having a say IMO hardly worth rocking the boat over.

IF the President is doing her job in a satisfactory level stay out of the way.

I would guess there are other more pressing issues facing your property today other than who makes these types of decisions.

Good luck.

JohnK11 (Minnesota)
Posts: 14
Posted:
Quote:
Posted By SureshD on 07/06/2010 8:51 AM
Take a look at your documents, most likely the Bylaws.

It may (should) spell out the specfic duties or authority of each Officer as an individual. If such authority as the Pres. is exerting is not EXPRESSED then there is no reason to assume that such authority exists.

Its best to show things in writing to avoid confusion.

Second that.
If you can stand up and say "in accordance with section___, subsection____, paragraph ____of our by-laws, declaration, etc and similarly our state law/statute_____, section_____ the following is written....." Go on to read directly from the documentation. Offer your paraphrasing and open the discussion for interpretation of the written rules/laws/regulations. It should become apparent what needs to be done in the best interest of the group. I feel that will give your "opinion" more weight. Opinions can be detrimental to your goals if there is nothing backing things up. Opinions are like anuses; everybody has one and they all stink.
GlenL (Ohio)
Posts: 5,491
Posted:
Or since in most HOA's the members elect the directors and the directors choose the officers, you can move the president to another position and elect a new president.

Studies show that 5 out of 4 people have problems with fractions
SteveC4 (Florida)
Posts: 154
Posted:


Thanks GlenL : Possible next year voting we can take turns being the president of the association, I feel the current president if fine....just have a thing about her always making the decisions all the time on how much we can spend or what we can spend.....when it really should come to the board to vote...and in our bylaws doesnt state that the president of the association is the only one to make these decisions.

Thanks for you info!!!!
JonD1
Posts: 2,350
Posted:
So let me get this straight the President, according to Steve is doing a "fine" job except she dares to make decisions on her own. How long has this gone on? Perhaps the other members of the Board trust someone who is doing a fine job? Sounds odd. In my documents the President is the head of the corporation and is given the same powers as the executive of any corporation.

Do they rotate Presidents at GE just because??????

Does the President at Google make decisions on their own?????

And as Steve has failed to provide any more details than spending amounts of money on repairs and other items my question is what amounts of money are we talking about?

Somehow, someway she got into this position. Perhaps the remaining members of the Board voted her in???? That would be my guess.

So now it is suggested she be voted out! Guess that's the way you show your appreciation for someone doing a "fine" job. And who might be willing and able to take over. Steve???

Or as Steve has suggested "we can take turns". Sort of like a kindergarden game you switch roles once in a while to accomplish what?

Is that stated in your by-laws. Once you have a President doing their job in a satisfactory manner you move them out and take turns. Makes no sense to me.

So the system is working "fine" the woman is doing her job but now Steve plans to throw a monkey wrench into the works.

I was taught many years ago, in life you find good people who can do their jobs and then YOU stay out of their way. Guess Steve is hellbent on having his say in every decision made no matter what the result good or bad.

In life sometimes someone has to decide. No need for debates, discussions, or committees or waiting for another monthly meeting to drag out a rather simple issue to the point when nothing gets done.

Steve's President is doing a "fine" job, just Steve needs to fix it. Sounds like a real bad move to me.

Good luck.

SteveC4 (Florida)
Posts: 154
Posted:
JonD1: Take a valium....no Im not going to thorw a monkey wrench into the works.....I do appreicate what she's doing....but I only feel that the other board members should be able to agree on amounts to spend on repair jobs on the units...etc.

Thanks!
SteveC4 (Florida)
Posts: 154
Posted:
JonD1: Take a valium....no Im not going to thorw a monkey wrench into the works.....I do appreicate what she's doing....but I only feel that the other board members should be able to agree on amounts to spend on repair jobs on the units...etc.

Thanks!
SteveC4 (Florida)
Posts: 154
Posted:
JonD1: Take a valium....no Im not going to thorw a monkey wrench into the works.....I do appreicate what she's doing....but I only feel that the other board members should be able to agree on amounts to spend on repair jobs on the units...etc.

Thanks!
JonD1
Posts: 2,350
Posted:
Steve:

So this woman is doing a fine job.

And in your mind questioning her methods will do what? Funny how some people can take things when you attempt to force changes to a system that works.

Do any other Board members share your concerns? If not then when you suggest this change and they don't agree what have you accomplished?

Steve how long has the President served on your Board?

How long have you served? Is there some reason you avoid answering that question?

Perhaps some of the members of your Board don't want to be as involved or have these types of decisions placed on them.

I don't need a valium I just don't understand the need to change something when it appears to be working and if no one else seems to have a problem.

Please respond

How long have you served?
How long have you known the President?
How familiar are YOU with the details of the decisions she has made?
How familiar are the other members of the Board with these same details?

Thanks

SteveC4 (Florida)
Posts: 154
Posted:


JonD1: I been on the board going on 3 years, the president going on 4 years, I very familar with her decisions and so is the other board members......my only question was about the president of the association only making the decision is that with other board associations?
BonnieE (Illinois)
Posts: 338
Posted:
While I do not know the specific situations where other HOA presidents make the decisions without input from the other Directors (except for JonD1’s emergency situation with the tree damage to roofs) – and with SteveC4’s question about how other HOA BOD’s operate re decision making – here is a snapshot of how my BOD operates. We are condos that look like townhouses in IL. Our Master HOA (single family homes plus 2 condo HOAs) operate in a similar manner. We all are under the same IL statutes/laws.

The BOD members vote to make the decisions – majority rules, also must achieve a quorum, occurs at BOD meeting. We have a 5 member BOD. This is per our governing docs.

When a decision is needed before the next BOD meeting, it is done via email and ratified at the next meeting. This is not done for contracts – usually done for HO ARC requests. (I know that this may not be not exactly per IL condo act open meeting requirement.)

The usual types of expenses or actions requiring BOD action (not President only action) include:
1-Any contract (renewal, new)
2-Repairs to buildings beyond minor repairs
3-Maintenance beyond what is in an approved contract
4-Additional snow removal, de-icing beyond what is in the contract
5-HO ARC requests

Exceptions are:
1-in emergencies when a quick decision is needed. In some instances the PM has the authority to address especially if the President is not contactable, (for ex., burst water pipe or sewer line).
2-The PM is given authority to act on specific HO requests, mainly guided by the cost. For ex., request for exterminator to address yellow jackets, request for small repairs to a building.

Bonnie

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

Of course I cannot speak for Jon, but I get the impression that his fellow board members really don't want to be involved so he goes his merry way making all the decisions. This may work for Jon's assn, but it is NOT the proper way for an HOA board to operate. This, to me, is just not right. If board members don't want to do their job then they should step down and let someone else be elected. If the Pres alone were supposed to make all the decisions then there would be no need for other board members.

In answer to your question, I'm sure there are some assn that operate this way but I like to think it's not the norm and it's certainly not the way an HOA board was designed to work. As I said earlier, there may be some things the Pres can do w/o the board first voting but those things would have been agreed on by the board at an earlier time or are specified in the bylaws, i.e. signing contracts and appointing committee members.
SteveC4 (Florida)
Posts: 154
Posted:
MaryA1: I totally agree with you!!! Thank You
SteveC4 (Florida)
Posts: 154
Posted:
MaryA1: I totally agree with you!!! Thank You
JonD1
Posts: 2,350
Posted:
Mary:

You first comment is you cannot speak for me then you proceed to do exactly that.

And for you to determine what is "PROPER" for my property or any other knowing nothing about any other association except your own well I would never assume to have that ability. Obviously, YOU feel comfortable determining "PROPER" behavior for every other association in America.

Some Board members and possibily many, have no real interest in doing their job. IF they all resigned as you suggest many properties would have a tough time filling the Board. In my time serving we always seem to have those that do the work and those that show up each month maybe and have done little since the last meeting.

In my world I wish to have a system that works. Not work under the rule that everyone, even those that have nothing to offer need to have imput on every decision.

Seems you and Steve agree. I have gone back and read some of Steve's previous posts. Seems Steve has many issues with his Board, the parking on his property, how the President should act in his opinion, and the number of bids HE requires when under Florida law they are not required. Seems Steve IMO wants to micro-manage the entire operation of his property, all 28 units.

He even suggested the property sue a former management company for failure to perform needed maintanance on his property. Failing to understand it is the Board that should have taken the steps to maintain his property and the MC acts at their direction. Sort of suggests to me a basic lack of understanding as to the roles of the MC and Boards on HOA/condo properties.

But now his suggestion the position of President be rotated to give every Board member a chance, even those with no interest in doing so.

Mary you work under AZ law and I thank God each day when I read what is required to operate under AZ and Florida state law that here in NY we don't have many of the same requirements.

Mary you and Steve agree and that's fine. Water seeks its own level. But in the future please refrain from suggesting what others do that may differ from your handling of a similar matter may not be "PROPER". You are entitled to YOUR opinion and that is all you have but simply because someone does it differently for you to conclude their behavior is not "PROPER" well perhaps it is not your place to make that sort of determination.

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

Sounds like the pot calling the kettle black! In all your posts you talk as though you are the voice of authority. I don't recall you prefacing any of your remarks with, IMO (in my opinion). I've given my "opinions" and will stand on my "opinion" that the Pres of an HOA BOD should not be making all decision on his/her own. That is what the BOD has been elected to do. If some board members don't want to do their jobs then they should not be serving on the BOD.

BTW, I have been a board member and am currently on my assn's advisiory committee. I never had any problems working within the confines of AZ law, nor does my current BOD.
GlenL (Ohio)
Posts: 5,491
Posted:
Jon, it may work now but what happens when you are gone???? If you make all of the decisions instead of doing your job and managing the Board and hopefully training the others to do the right things then what kind of legacy are you really leaving?

Studies show that 5 out of 4 people have problems with fractions
JonD1
Posts: 2,350
Posted:
Mary you seem to read what you want to hear. No one myself included
said the President should make ALL and every decision. I don't feel that every decision made needs to be made by the entire Board.

I NEVER said I make every decision. Nor did I ever suggest YOUR behavior was not "proper".

As to your suggestion those unwilling to do their jobs as members of the Board need not serve as I suggested many Boards would fall way short of Boa members except with the exception of yours.

And your ability to operate under AZ law seems
mandatory and not something you can either do or not.

Glen: I never said the President should or does make ALL decisions. But when a storm blows a roof apart and I am standing there I feel no need to contact each member of the Board for their opinion about what should be done. Nor do I feel comfortable waiting till our next monthly meeting to discuss how the repairs should be made or what they might cost. If you have people willing to take part you can work with them,but like many properties we don't have people lining up outside the door begging to join. Most would prefer not to bother.

When I leave there are two possibilities. 1) Someone is willing to take on the job and do it well. 2) The property will suffer when no one is willing to do what needs to be done.

GlenL (Ohio)
Posts: 5,491
Posted:
OK Jon, just don't break your arm patting yourself on the back.

Studies show that 5 out of 4 people have problems with fractions
JonD1
Posts: 2,350
Posted:
Glen as you have no idea of what has occured on our property I don't understand how you can comment in any meaningful way as to my actions.

But over the last few elections each time I have run for a Board position 80% of those voting have supported me. And some how those serving on this Board have seen fit to put me in the position of President.

I guess despite my questionable behavior the people who own property here like what I do and hope for me to continue. Unless you have some other explanation.

And if for some reason my opinions on what might happen when I no longer serve on this Board requires the type of response you made I can live with that.

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