Ask the Expert

Marjorie Jean Meyer, CMCA®, PCAM®
Vice President and National Director of Education and Certification
ASSOCIA

Problem Board Members

We have approx 70 homes in our HOA, with more to come. We live in Indiana. I recently became involved due to a neighbors noncompliance with the bylaws (concerning a 24/7 yapping dog.) I was informed by the president that NOTHING could be done and the bylaws could not be enforced, that there was no recourse, and that the only laws they could enforce were the payments of dues. Does this sound logical to you?

Also, said president has ticked off quite a few folks here. So he has put his house up for sale and obviously has NO stake in what happens here. Is there anything we can do to get him out of office -- he has one year left on his term. He told one neighbor he had done nothing for 11 months and it is quite obvious. We pay and pay and see nothing changing. He also doesnt have to pay his dues while in office -- which i can NOT find that stated anywhere in the bylaws.

Do all or any HOAs stipulate that you can only have ONE vote per household? Or is there no such rule? Or is it up to each HOA? Our board consists of pres, vp./sec, & treasurer. Can the other 3 vote him out in some way? Our next meeting is June 1st...So any help you can give me ASAP would be greatly appreciated.

- Sandy

With specific regard to "putting up" with the president until he sells his home or retires from the board, remember that the homeowners have ultimate control in a community association because they have the power to elect and remove board members. If you check your bylaws, I bet you'll find that the board members elect their own officers, but the owners can remove the board members as long as they follow the steps detailed in the documents. Additionally, most documents allow the remaining board members to appoint and remove officers, including the president, whenever they want to.

So, no, the president is not entrenched for life. Read your association's governing documents and follow the procedure to remove him as soon as you can.

Sincerely,

Margey

Our former president resigned via email only and now we are down to a board of four. Our "acting" president (who was never appointed) is making our lives impossible. Our former president wants to come back to the vacancy spot and we are holding nominations. The majority voted him back in through email and are willing to meet to appoint him but our "acting president" says that the vote has to be unaminous. Is that possible? Plus, was our former president's resignation official since it was never written?

- Larry

If your bylaws are silent with regard to the resignation process, Robert's Rules of Order say that if the resignation was not officially considered by the board, then it was not formally in effect. However, since the majority of the board wants the former president to continue his work, and as long as your association's bylaws permit board members to fill vacancies, then at a legally held meeting, one of the board members should move to appoint the former president as both a director and the president, another should second the motion, and a vote should be taken. If the majority of the board approves the motion, welcome back your president.

Remember, too, that officers serve at the discretion of the board. In most community associations, the bylaws clearly give the board the authority to remove and replace officers whenever the directors deem it necessary.

Sincerely,

Margey

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I am an onsite manager of a VA condominuium. All 206 units have an assigned parking space, some purchased extra spaces. There is a unit owner who has recently acquired handicapped license plates.

He feels this entitles him to the use of a handicap accessible space as well as the assigned space and is demanding a second electronic access device.

The BOD is amenable to assigning a handicap space to Mr. Owner with the condition that during the time this space is assigned, his original space is under the control of the Association. I can't find printed support or denial of either opinion.

PS. Mr. Owner's assigned space is closer to the entrance than any of the handicap spots. Thank you for any help!

- KT

Please go to the Links and Resources page and click on the "Fair Housing Laws" to determine your association's obligation to the recently-disabled owner who is demanding both an accessible space as well as his originally-assigned parking space. Alternatively, consider discussing the matter with your association's legal counsel, since this is a very sensitive issue that can embroil the association in federal litigation.

Sincerely,

Margey

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Insurance | Legal | Maintenance | Management | Rules

Our HOA in AZ has 3809 homes. We have a city manager style of government. The board hires a General Manager. We are experiencing a conflict here between the Board and the GM about who can hire and fire employees. We have about 170 employees. The GM wants to be able to hire and fire employees for cause. The board does not want to give him that feature in his contract. They want to be able to override his decisions on hiring and firing. What is the industry standard on this issue?? Thank you.

- D G

Your manager should have the authority to hire and fire employees. The size of your community reinforces the need for the board to remember that their role is primarily to establish policy and to let the manager implement those guiding principles. Hold the manager accountable for solutions and day-to-day operations of the community rather than encouraging the board to micromanage those efforts.

Sincerely,

Margey

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