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How can we remove uninformed and potentially corrupt HOA board?

Posted on Mon, Aug 30, 2010 @ 07:32 AM
  
  
  
  
  
  
Add to delicious  delicious  
  

I would like to see the whole HOA board removed as I believe there has been some corruption going on with replacing items that do not need to be replaced and not doing what needs to be done and not allowing the condo owners to have a say in the color of a new roof, replacing skylights that they have to pay for that was put in by an inexperience roofer who damaged all 7 of mine while installing.

At the present time we have 3 appointed people on the board and they are all on the side of the HOA without knowing anything about this place and what the HOA has done.
  • How long can someone stay in office when appointed by the HOA because someone resigned?
  • When do we get a chance to vote for someone new for the position vacated that someone was appointed to by the HOA?
  • Do we have to wait until the term is up for the original board member that resigned before we can vote someone we want to fill that position or do we have to wait and accept the appointed person for the rest of someone's term which may be almost 3 years?

Any help would be appreciated. We only have 90 units and I want to get the board off now before they do something else and charge everyone another $1,000 assessment but everyone here thinks it is not easy to do that but now we will have 3 appointed members.

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Comments

You definitely need to get your hands on your condo's by-laws. Is should explain all of this. In my condo, if there is a replacement from a resignation, they can finish out the term of the person they replaced and then they are up for re-election in the annual election.  
 
Once I started reading my by-laws, I discovered my board wasn't doing anything correctly and some shady stuff was going on. I suggestion passing the information you find out onto other concerned unit owners- the more owners you have, the better.
Posted @ Monday, August 30, 2010 8:20 AM by Jackie
I would advice that you first refer to your governing documents and your state laws regarding community associations. Usually, when a board member resigns in the midlle of his term, the board may appoint a replacement for the remainder of the term, depending on which month your association holds elections. You would need to know what is term for Directors and/or Officers, one year, 2 years, etc. Removing some or all Directors is called a Recall. In most cases you would need the signatures of the majority of the voting interests. Again, it all depends on your own Declaration and your state laws.
Posted @ Monday, August 30, 2010 8:36 AM by Susana Murray
When a vacancy exists the sitting Board usually appoints the individual who polled the highest number of votes in the last election but who did not win a seat on the board,
Posted @ Monday, August 30, 2010 8:46 AM by Charles Adler
I also advise reading your association legal documents. You may find, as I did with my board, they may not be following a lot of their legal requirements. 
 
I would also advise looking at other association documents like board meeting minutes, property inspection reports, and financials. You may be surprised at what you find and you may find your board fighting access to these documents (that you are legally entitled to) like my board has. 
 
If you want to see some examples of what I have had to go through with my board you can go to www.wvnorthface.info
Posted @ Monday, August 30, 2010 8:47 AM by Rick
Most well performing Boards adopt Roberts Rules of Procedure to manage their meetings. But remember election to the board does not in some miraculous way endow the electee with working knowledghe of these rules. Board members need to be trained and unit owners and residents need to have an elementary understanding so they may participate in this deliberate assemble. In the State of Florida a new law has been adopted with gives board members 90 days to get qualified in using Roberts Rules
Posted @ Monday, August 30, 2010 9:24 AM by Charles Adler
I also strongly suggest you read your assn governing documents. You have made a lot of accusations that may be unfounded. For ex: the board may not be required to ask the members to vote on the roof color. Also, do you know that the assn did not receive a reimb for shoddy workmanship regarding the skylights? All too often members complain about their board's actions when they really don't know the whole story and rarely know and understand the gov. docs. I'm not saying this applies to you, I'm just saying it happens alot. 
 
 
 
With regard to the term of office for an appointed board member -- that should be addressed in your bylaws. Mine state an appointed board member only serves until the next election. On the other hand many assn bylaws state an appointed board member serves out the unexpired term of the board member being replaced. There is no set rule for this; it's what is stated in your assn bylaws.
Posted @ Monday, August 30, 2010 6:13 PM by Mary
To: Charles Adler 
 
You are naive and incorrect to say that the board appoints the person with the most amount of votes. The board doesn’t want that person near the board and will appoint a friend who will go along with all their corruption.
Posted @ Saturday, September 04, 2010 6:58 AM by Larry
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