Condo Association Management Blog

As in all HOA issues, first consult the Master Deed and Bylaws for the Association. In most cases, when politics such as you describe occur, your documents SHOULD provide the remedy.... which is not pleaant, but effective, which is to vote to remove (by a recall vote) those board members, assuming you can muster the support and have a majority of either the homeowners or other Board members ( as required in your documents )to succeed.

What state is this in? Im not sure what your attorney will be able to accomplish as this sounds more like a personal issue and not a legal matter. How many BOD's do your documents state you all require? If they quit, you will not be left with the burden, but your entire community will be left to foot the bill once the state you reside in take receivership of the property. My suggestion would be to sit down with the other 2 members and try to hash things out. Good Luck!

I'm a bit confused! You said the VP and Sec told you 2 against 1 is a win then went on to say there are 3 more board members. Are you saying there is a total of 6 board members? If so, the VP and Sec do not hold a majority on the board. Where do the other 3 board members stand; are they behind you? If so, then you have the majority. I cannot believe the other 3 board members do not have a vote; even if they are not officers they are still board members. If it was me, I'd call their bluff, let them quit, you'll still have a 4-member board and the remaining members can appoint two people to the board. IMO, there is no room for troublemakers on a BOD. A good board is made up of people who can get along with each other even if their opinions differ. BTW, this is not a matter for your attorney to be involved in. 
 
I think we need some clarification and more info please.

Are you saying that the 3 members you mention are what some would call an "executive committee"? If so, are the meetings posted and open to all Board members and all homeowners?

I would allow anyone who threatens to quit to go right ahead and do so unless they have 30 of the condo owners living there on their side; otherwise, let them go. The president has to know everything that is going on as you may be held responsible if something wrong or illegal is done by the VP & treasurer even if you are not aware of it. The entire board has to know everything that is taking place all can be held responsible. My experience with board who want to keep secrets is that they are doing something illegal or wrong and not in the best interest of the condo owners. Be upfront with the VP & treasurer and ask them if they want you to look for their replacements or are they willing to cooperate in the correct manner so your condos can be run in the best way possible and in the best interest of all the condo owners? Why in the world are these two board members treating you like this? Do you have a clue why or are they just power hungry jerks who want things done their way only?  
 
If you are being honest and have the best interest of the condo owners in mind, let these two board members resign. Being afraid to do what is right is not an option for a decent honest person. Hope all works out and I am sure you will have no problem getting 2 replacements.

It is not 2 against 1 if there are 6 board members. Get in touch with the other 3 and work with them. Good luck. It is great that you care to make a positive difference!

Contact with the association lawyer rests wxclusively with the President of the Board of Directors. Suggest you cintact himm immediatekly. Also suggest you find the provbsions in your by laws which detail how to remove member of the board. If you do so then follow your nylaws wherein they detail how a deoparted board member can be replaced.

Your first sentence is a bit confusing. Are you saying that you started as a BOD president this year or the condo development was turned over to the board this year? If the condo assn. is new then all of the board members have a lot to learn about how to run a board. It sounds like all of the members are in the dark about their duties and rules of order. I strongly suggest you hire an experienced property manager on a consulting basis only. I think such a service would run less than 50¢/unit per month. This PM could get the board squared away and answer most of your questions. Remember, your primary duty is to protect the homeowners investment and letting AP fall behind is not doing that. If you can't meet AP every month then you are most likely under-reserved as well. Get someone who knows how to set you all straight and keep emotions out of the equation. Good luck

Resign. 
 
Sell your condo. 
 
 
 
Move away from a legally unsustainable entity. Not worth living anymore with those issues or those people.

In response to the initial inquiry and in agreement with several responses, there are several steps to take.  
 
 
 
1. Begin with the documens for the project. The section on bylaws should state clearly the size of the board (most states require boards to consist of an uneven number of directors).  
 
Most state corporate laws require a board secretary. Without proper documentation, an insurance company cannot defend a board in any litigation. Some states also do not authorize meetings of officers separate from the entire board and many require that board meetings be open to the membership - unless authorized by State law to close for lawyer consultation, etc.  
 
 
 
2. If located in an area served by Community Associations Institute, join and take the initial board training seminar asap.  
 
 
 
3. Selling and/or resigning from the board is a last case response and not a good solution, especially if the decisions being considered are not in the best interest of the condo and its members collectively. Selling might require you to disclose thqt there are leadership issues, even if you could survive the expense of selling so quickly after buying. 
 
Meanwhile, search for Robers Rules and provi8de copies to all of the board; request that the attorney attend a meeting to train the board or to at least provide initial guidance. Expect to pay for this service.  
 
Consultants are available. For instance, CPWI provid4es email and phone service to distant associations outside of our region. Whover provides consultation, a management company. attorney. etc. the fee will be higher than suggested by one respondent.  
 
For the sake of all owners, include all in any educational opportunity as it is essential to establish good leadership from as early as possible.  
 
Best luck, keep us informed. Nancy Jacobsen

You have very little leverage, except gentle persuasion. Laws governing condos are lax or nonexistant and generally unenforcible.