HOAleader.com - Tip of the Week - February 28, 2020
Published: Fri, 02/28/20
=================================================================
When a Condo/HOA President Won't Put an Item on a Meeting Agenda
=================================================================
In this week's tip, and for the second month in a row, we answer a reader's question about a perhaps too-controlling president.
Our reader asks: "Your booklet, 'HOA Leadership Roles and Duties,' has become a subject of discussion for our board. Our president believes he has the sole power to control what's on the agenda and what's not. He's relying on the text under 'The President's Role,' which states, 'The president sets the agenda for the board meetings and runs the board meetings.'
"This is either at best the wrong choice of words or at least a complete misunderstanding of board policy. Neither Robert's Rules of Order nor Illinois state law allow a president to dictate what's on the agenda by himself solely. If he did, then the president becomes a dictator and completely controls what the board will discuss.
"Would you please respond with the correct presidential powers so I can set the record straight to him and the rest of the board who may also be confused?"
You're probably tired of hearing us say this, but it's important: Every state has different condo and HOA laws (some don't even have them!). And governing documents? They're like fingerprints—we'd be surprised if we could find two that are the same.
We say that over and over so that readers understand that we're not giving legal or management advice—we can't possibly provide advice that fits every set of documents and every state's laws. Our reader refers to Illinois and should contact an Illinois lawyer for a precise evaluate of Illinois law and a president's power to set an agenda.
That said, generally, yes, presidents do set the agenda.
"In Robert's Rules of Order and under many state corporation laws, the chair of the meeting, which is typically the president, sets the agenda," explains Elizabeth White, counsel at the law firm of Sands Anderson PC in Williamsburg, Va., where she leads the firm's national community association industry team. "We do have those control-freak presidents who are sociopaths who want to control everything and don't want to put things on the agenda."
Mitchell Drimmer, who holds a Florida community association manager and a real estate broker's license and is president of Axela, a Miami company that specializes in community association collections, has seen similar behavior. "This practice is only possible because it happens every day," he laments.
"Board presidents will overstep their power and will do as they please when they please," states Drimmer. "All too often, presidents believe they're the president of the association and not the president of the board of directors. And with some managers, their number-one goal is not to lose that account with that association. So they'll do what the president asks."
Still, board presidents don't have the authority to control it with an iron fist.
Find out why, and how our reader can fix this situation, in our new article:
https://www.hoaleader.com/members/4068.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
The Challenges of Growing Legalization of Marijuana: What HOA and Condo Association Boards Need to Know
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, March 26, 2020
2:00 p.m. Eastern
Learn more or register now:
https://www.hoaleader.com/products/hoa-challenges-marijuana-legalization-a.cfm
Members save $30!
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Another New California Law--But This Is One Boards Everywhere Could Learn From
In our recent webinar on trends, one of our experts cited neglected maintenance as a growing issue and a dangerous one for boards nationwide.
Click here to read full article:
https://www.hoaleader.com/members/Another-New-California-LawBut-This-One-Boards-Everywhere-Could-Learn-From.cfm
=================================================================
6 Tips to Ease Your Condo/HOA Enforcement Burden
What's the hardest part of your board-member job? We'd guess that enforcing the governing documents with people you want to live harmoniously with is right near the top.
Click here to read full article:
https://www.hoaleader.com/members/6-Tips-Ease-Your-CondoHOA-Enforcement-Burden.cfm
=================================================================
Wait, What? Recalled Condo/HOA Board Member Wants to Run Again
Well, this is interesting. An HOAleader.com reader asks, "When a board of directors are recalled, can they run again in the next election? What can be done to keep a recalled board member from running in the next election? Can a recalled board be kept from ever running as a board member?"
Click here to read full article:
https://www.hoaleader.com/members/Wait-What-Recalled-CondoHOA-Board-Member-Wants-Run-Again.cfm
=================================================================
Removing Delinquent Condo/HOA Owners' Privileges: Risk of Discrimination Claims?
An HOAleader.com reader asks, "Can an HOA chose to treat delinquent or defaulting homeowners differently or do they all need to be treated the same? Wondering if treating differently raises issues of fairness or discrimination."
Click here to read full article:
https://www.hoaleader.com/members/Removing-Delinquent-CondoHOA-Owners-Privileges-Risk-Discrimination-Claims.cfm
=================================================================
Board Dramatically Increases Assessment Amount, Then Allegedly Targets Owner Who Complains
According to a complaint by a condo owner, a board notified members of a $1.5 million project, but it's now ballooned into a $2.6 million project--paid for by a special assessment.
Click here to read full article:
https://www.hoaleader.com/members/Board-Dramatically-Increases-Assessment-Amount-Then-Allegedly-Targets-Owner-Who-Complains.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
https://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2020, Plain-English Media, LLC
(866) 641-4548
https://www.hoaleader.com