Posted on Thu, Apr 18, 2013 @ 07:08 AM
Since last October, I've been trying to persuade our BOD's to amend our bylaws pertaining to our officers, length of term, number of officers, removal & replacement, etc.. Recently, the statement below was sent to me by our President. "As of today (December 18, 2001) the elected members of the board have replaced the developer, John Doe (developer representative) has a seat on the board as discussed during this transition. The board has determined that the annual meetings will be in November. Board seats are for three year terms. In the case where a member resigns, the board may appoint a member to fill that seat until the next election Elections will be held at the annual meeting. Qualifications for board seats will be determined at a later date". Sincerely, Larry, Moe and Curly Homeowners Association. Recently, I requested from our President a copy of the above statement for examination, he emailed me a copy of the statement and added the following remark. "This was per bylaws for "original board". To date, this has worked well and has never been changed". The copy that was emailed to me shows no ones signature other than the Association name in place of a signature. Because, it has no signatures and not been notarized or recorded within our Master Deed, is it fair for me to assume, this is a worthless piece of paper. I'm open for any suggestions that would give me more basis to get my point across to the BOD's. The President is a very difficult person to deal with.
Posted on Fri, Mar 01, 2013 @ 07:55 AM
I am in a condo association of 36 condo owners. Last week we had our association meeting which elected three new board members. I asked the president of the association at the last meeting if there would be a nominating committee. He informed me there would not. When I got to the association meeting I find out that the president and vice-president were the nominating committee. Can someone please comment on the ethics of this?
Posted on Tue, Jan 08, 2013 @ 08:33 AM
Our condo association needs to vote. To pass the vote, we need "at least 2/3 (66.67%) of the owners". We are 11 owners. At first, the board and homeowners agreed on 8 owners (8/11=72%) but now, the lawyer says 7 (7/11=63.63%) is fine too (or 8 is fine too). Real number is 7.33. It is a critical number for a critical vote and 2 numbers seem fine. Any comments?
Posted on Mon, Oct 15, 2012 @ 03:05 AM
Our HOA board has proposed an amendment to the by-laws to stagger the terms of our 5-member board beginning with 1 having a one year term, 2 having a 2 year term and 2 having a three year term, thereafter every election would be for a 3 year term. This amendment has been challenged by a homeowner citing NY condo association law 9b stipulating at least one-third of board members terms must expire annually. With a five member board, you would have to elect 3 one year and 2 the next for staggered terms. Is an amendment to the bylaws possible for the 1-2-2 staggered term format?
Posted on Wed, Mar 07, 2012 @ 08:14 AM
We recently had our first homeowner's association meeting. Our HOA was first enacted last March. The Board was nominated and voted upon by all members of the association. I specifically asked at the meeting before the association meeting if we were having a nominating committee. The president said we were not, which surprised me. At the homeowner's meeting, the president announced the nominations for the board which he stated were nominated by the "nominating committee" Come to find out, the nominating committee consisted of the president and the vice president. Can I have any comments on this. I was under the impression that the board has nothing to do with the nominating committee and it would be the responsibility of the members of the association. Please advise.
Posted on Sun, Feb 26, 2012 @ 06:35 AM
At the annual meeting last month, anyone who wanted to be a director became a director--six of ten owners are now directors. The condo articles of incorporation and bylaws state there shall be three directors until the articles are amended. This is the first year this has happened. There was no confusion between directors and officers. The annual meeting ended and a board meeting called to order to elect officers. Four of the six directors are now officers. Are there any legal implications with six board members making decisions and voting?
Posted on Tue, Jan 17, 2012 @ 06:41 AM
I live in a 70 unit complex in San Diego, CA. Elections are coming up in a few months and since I see no rules or regulations pertaining to said election in our CC&R's how does one go about finding what the law is in regards to these elections. From what I understand, each unit is allotted 3 votes to cast bu the situation is this, some of the investors here own more than one unit which creates somewhat of a monopoly on th election. Is there a restriction on how often one can be on the board and how long they can remain on the board?
Posted on Sun, Jan 15, 2012 @ 08:13 AM
I live in a 70 unit complex in San Diego, CA. Elections are coming up in a few months and since I see no rules or regulations pertaining to said election in our CC&R's how does one go about finding what the law is in regards to these elections. From what I understand, each unit is allotted 3 votes to cast but the situation is this, some of the investors here own more than one unit which creates somewhat of a monopoly on th election. Is there a restriction on how often one can be on the board and how long they can remain on the board?
Posted on Thu, Jan 05, 2012 @ 06:54 AM
I live in a condominium in south Florida, when the president resigned, the new president nominated me as the new vice president. Three month later, do to sickness the new president resigned. As vice president my seat would have ended on Feb. 8 2012. Since I took over the president's seat, which would have expired on Feb. 8, 2013, do I have to be re-elected for presidency or keep my seat until Feb. 8 2013. thanks
Posted on Thu, Dec 29, 2011 @ 08:07 AM
I live in New Jersey. We had an election and the Property Management Company, who we are trying to get out, ran the whole thing. He would not let us vote in person there were 40 people there and he said it was a secret ballot. He took a bunch and put them on the side. He recounted them and he had this paralegal there who did not know half the questions we asked. One was where are our minutes, she said because there was no quorum we don't need them. Needless to say I won by one vote it was more than that his ballot was so confusing that half the people voted wrong. I was on both sides of the ballot for secretary and treasure, he said that can't be. May I add that the board only consists of President, Secretary and Treasurer? He ran the whole show and he is the Property Management Company. The only reason why he was nervous is he wants the secretary to remain another 5 years. She is also working for him in another business he has. We do not get audited reports each year. He has his own contractors come in who are not bonded. The secretary gives him the checks to distribute. Then we see all the workers hanging around his condo (he lives here and runs his business here) I have a funny feeling since no one contacted me he is going to somehow get me the newly elected person off the board. There will be a revolution. Help Posted @ Friday, October 21, 2011 8:01 AM by Phyllis