Every homeowners association is to maintain the welfare of their community by maintaining an acceptable standard protocol in all relevant areas of importance to the community itself. This means putting the needs of the community as the first priority in the objectives of each and every member of the Home Owners Board of Directors. However, in some cases, individual board members can not or will not properly handle the responsibility given to them. When this happens, the council as a whole should consider removing the board member in particular.
But before getting into the best ways to remove a board member, consult first with the statutes of the association. These vary from association to association, and state laws relating to association management should also be checked as there are limitations – for example – Florida laws do not apply in Georgia.
If one or more members of the board shows an irresponsible behavior, legitimate removal is necessary for the good of the community. However, before starting a potentially very complicated and long process, the board as a whole must put everything in perspective. Make sure that the removal is based solely on the basis of verified facts and documentation. If a resident plans to file a complaint, he or she – and the HOA went to officials to solve the problem – there is a need to investigate whether the board member is really the culprit.
If it is determined that the board member in effect, be removed, there is a specific process to be followed. Once all the evidence gathered, a formal request to resign must be made to a member of the Board. If the request to opt-out does not work, a more formal meeting between members of the Board is held to discuss the situation. If after this conversation has determined to be in the best interest of the community that this board member is removed, the board has to consult the manual for the board to plan the next steps.
The first step usually involves giving proper notice, either on a scheduled annual meeting – or if more urgent, in a special meeting. A special meeting may be called if the necessary signatures are obtained from members of the community. This ranges from 5 to 50 percent of the members of the community, according to the Covenants and Bylaws of the community themselves. Once enough signatures are acquired for the Board to approve the meeting, a quorum must be established (a minimum number of voters). All homeowners in the community and investors are invited to attend.
At the same meeting, the member of the Board subject to removal must be given an opportunity to defend themselves. Supporters, opponents and Board members should be given enough time to make their case. After the debate is over, the President should appoint independent inspectors to count the votes present. If the board member is removed, the next step is to hold another election to fill the position now vacant.
A board member may be unfair and should be eliminated for the good of the community. However, prevention is always the best tactic. At day’s end, HOA board members should be chosen based on the positive attitude and the good sense to avoid such situations arising in the first place.
Posted in acworth neighborhood, association, Atlanta, Community Management, Condominium, HOA, HOA Board, HOA Budget, HOA collection, hoa liability, HOA manager, homeowner dues, Homeowners Association, Kennesaw, Marietta, professional association management, property management, Real Estate, Reserves, Vinings
Tagged Alpharetta, Annual general meeting, Association Management Company, Board of Directors, Bylaw, Bylaws, Cobb, Community association, Community management, covenants, Georgia, HOA, Homeowner association, Homeowner Board, Homeowners, Human capital, Kennesaw, Marietta, Neighborhood Association, non-profit, Organization, Professional Association Management, Property management, Quorum, remove Board member, Riverside, Smyrna, special meeting, vinings, Volunteer, Woodstock
Governance – Meetings
How many times have you tried to hold a formal meeting of the members of your community association, only to find that homeowners not enough attended the meeting or sent on their behalf to meet the quorum requirement to carry held a meeting legally? More often than not, the statutes of the community did not offer alternatives, if a quorum is not reached, so you face to call another meeting and another perhaps even more – in a desperate attempt to elect board members and ratify the decisions taken at previous meetings where a quorum is not reached. On the other hand, maybe his lawyer has reported that the time has attempted the call and met the notification requirements, continue to the agenda with the exception of matters requiring a vote and try again quorum next year.
In the “unofficial” meeting, you can take a straw ballot of those present to fill vacancies on board or let the majority decide to allow existing management to continue its term has expired / renewed until finally met a quorum. However, if you are facing the grim challenge of spending money and time to reconvene the meeting until the magic number present in person or by proxy is reached, perhaps some of the suggestions below will help you go to the top of the first quorum.
If you implement one or more of the above, you have a better chance of encouraging enough homeowners, whether electronic or on behalf attended the meeting to reach that magic number of quorum. When that happens, as the song says, “Do not worry – be happy.” That achieved a quorum and, hopefully, the meeting passed without any problem, and was a positive experience. Now it’s time to start preparing for next year. . .
- Vote by ballot or other electronic voting system. (If allowed by you By-Laws)
- Place signs at each entrance courtyard on the meeting detailing the location and time of the meeting. (Courtesy Officer may be necessary if the community will be abandoned)
- Hold a raffle to encourage the submission of proxy and the state is not necessary to be present to win
- Door prize pool from the area requested or Internet merchants
- Distribute coupons for free services from area retailers
- Ask a business owner to sponsor the meeting / party
- Distribute awards (plaques, certificates, plant, gift certificate) to recognize volunteers
- Invite a speaker of interest – political, police officer, the contractor
- Conducting the meeting of the celebration of another year of success or another “Birthday of the Association.” The meeting itself becomes accessory to the party to look to the future.
Establish annual themes, cities, countries, travel, games
Provide entertainment like a magician, comedian
Provide foods (sodas, snacks, sandwiches)
Expand the meeting to a pool party and barbecue
Hold a potluck dinner
Send multiple mailings and reminders – detail the cost of each shipment and a rental hall to promote proxy. presentation – use flyers, postcards, newsletters and bulletin board / mail cluster publications
Send prepaid postal proxies, including the option for quorum purposes only
Form of Annual Meeting Committee charged with achieving a quorum
Have the Annual Meeting of the owners called Committee representatives have not returned
Hold the meeting in a comfortable / “cool” location or a restaurant? Neighbors Community Club?
Provide transportation to meeting place outside the site
Include a serious problem / controversial on the agenda
Advertise attendees can sign the petition important for City / County / State / Federal Government / Agency / Department / whomever
- Ask attendees to bring donations for charity (canned goods, clothing)
Posted in Community Management, Condominium, HOA, HOA Board, HOA Budget, HOA manager, Homeowners Association, Kennesaw, Marietta, neighborhood, professional association management, property management, summer association fun, Vinings
Tagged Alpharetta, Association Management Company, Board of Directors, Bylaws, Community Associations Institute, Condominium, Homeowner association, Homeowner Board, Marietta, Meeting, Quorum, Riverside, Smyrna, Voting, Woodstock