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JasonS9 (Florida)
Posts: 4
Posted:
Hello my name is Jason Smith I own a town home in Davenport Florida. Long story short we have a 5 person board. Unfortunately 3 of them are excluding the other 2 and not including them in virtually anything. to make matters worse two of the "bad" ones are in foreclosure one of which goes to final judgment the 26th of this month this director is also behind in dues enough to where the management company had the association lawyer file a claim for surplus funds in connection with the foreclosure sale. Question one is : how do we the owners ensure that this person is removed from the board when the foreclosure is final?
Part two is: apparently the president (also a bad one) has two homes and may plan to list this guy as an agent so he can remain on the board after the foreclosure why i dont know. our docs state that an agent may be a board member but once the directors house is foreclosed shouldnt that be an instant removal and then the remaining board appoints a replacement?? Its a mess I know any advise would be appreciated!!
GlenL (Ohio)
Posts: 5,491
Posted:
The qualifications to be a Board member should be spelled out in your CC&R's. Depending on when this person would next come up for re-election to be voted off the Board, the homeowners could recall them. The process for recall should also be in your CC&R's.

Studies show that 5 out of 4 people have problems with fractions
JasonS9 (Florida)
Posts: 4
Posted:
I read the ccrs and bylaws it states that any member spouse agent or employee may be a board member what it doesnt say is what to do when they are no longer eligible to remain on the board other than recall. we shouldnt have to recall when he is no longer eligible to serve. also might point out we just learned hes a 3 time convicted felon. right now we have 3 direcotrs making all the decisions without consulting the members or the other two directors. mind you the 3 making the decisions 2 are in foreclosure one no longer in good standing though they have not revoked his voting rights.
JasonS9 (Florida)
Posts: 4
Posted:
also forgot to mention that the 5 person board the president is only supposed to vote in the event of a tie so with 4 remaining directors the other two bad ones are insufficient to form a majority without consulting the two that are being "exiled"
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JasonS9 on 08/11/2010 1:27 PM
also forgot to mention that the 5 person board the president is only supposed to vote in the event of a tie so with 4 remaining directors the other two bad ones are insufficient to form a majority without consulting the two that are being "exiled"

Does this state that in your CC&R's or are you assuming that the president shouldn't vote except in the event of a tie? The president is a member of the Board and is entitled to vote. Given what you state are the qualifications to be a member of the Board; IMO the members in foreclosure would cease being members of the Board when the title is transferred out of their name unless they become agents for other properties. You may be stuck with them until the next election unless you recall them.

BTW what makes the two "bad" and why would you not want to replace them if they are bad?

Studies show that 5 out of 4 people have problems with fractions
JasonS9 (Florida)
Posts: 4
Posted:
there are 5 BOD's the president has been there 5 years and on power trip he went so far as to name himself CEO. 2 others are in foreclosure one of which owes dues. the other two are excluded from everything they are good directors with the communities interests at heart. the reason the president doesnt get a vote is the meetings are run by roberts rules of order which state that the president only votes in the event of a tie. we want to get the 3 bad ones out but they have all the proxies and they have the management company. they hired the management company without a meeting or votes. a recall would be impossible we are hopeful that when the one BOD loses his home in foreclosure the remaining board can appoint a replacement and turn the tide the other direction
KellyM3 (North Carolina)
Posts: 2,239
Posted:
If your board members are in foreclosure for not paying HOA dues, then you have a real problem. That said, it's time to get to know your neighbors as communtiy apathy is the largest symptom I'm seeing in your issue, Jason.

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