HOAleader.com - Tip of the Week - September 14, 2012
Published: Fri, 09/14/12
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Can't Fill That Open HOA Board Seat? Try These Suggestions
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In this week's tip, we give you two suggestions for
coping when you can't get anybody to run for an
open board seat.
All of our experts have seen this issue arise to
varying degrees. "We've had this problem," says
Elizabeth White, a shareholder and head of the
community associations practice at the law firm of
LeClairRyan in Williamsburg, Va. "Often we have this
at transition, where owners aren't happy with the
developer and they think that by holding out and
not running for the board, they're going to put
pressure on the developer. I've also had it because
of apathy and you don't have a big enough pool
of volunteers."
What's the big problem when it comes to open
board seats? That may affect your ability to
operate the association. "The board needs a
quorum to do business," says Raymond Daniel Burke,
a principal at Ober Kaler, a law firm in Baltimore,
who represents an average of 20 community
associations. "And if there's a vacancy of an officer
who's necessary for things like signatures on checks,
it becomes very consequential that you have
that vacancy."
What's an HOA to do? Here are two tips:
1. Read your governing documents. "Your governing
documents will be the roadmap for handling a vacancy,"
says Burke. "They'll establish whether the board can
operate with vacancies, whether there's a limited
time the board can do so, and the means by which
the vacancy has to be filled. For instance, all
governing documents will provide for a special
election to fill a vacancy. But some permit a board
to appoint someone until next election or a special
election can be advertised if the board isn't able
to do business because of the absence of a quorum."
2. Explain to board members that breaking up is
hard to do. You may have to tell departing board
members that their work isn't done. "Here, what
typically happens is that the members whose terms
have expired or are expiring will continue on,"
says Samuel "Sandy" Moskowitz, a partner at Davis,
Malm & D'Agostine PC in Boston who represents 30-40
community associations at any given time. "Most of
our governing documents say something to the effect
that your term ends when your successor is duly
elected and takes office. If your successor isn't
elected, your two-year term continues."
Does that mean board members literally can't resign?
Find out--and get three more tips--in our new article,
http://www.hoaleader.com/members/758.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Look for Good HOA Neighbors to Share Ideas, Costs
In this week's tip, we cover the growing trend of HOAs networking with their
neighbors to share ideas and save money.
Click here to read full article:
http://www.hoaleader.com/public/Look-for-Good-HOA-Neighbors-to-Share-Ideas-Costs.cfm
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Three Tips for Networking with Nearby Homeowners Associations
Some condo and homeowner associations have reached out to neighboring HOAs
to share ideas and band together to reduce costs. Here we offer tips for
deciding who should reach out, how to determine which boards to contact, and
how to get the most out of that networking relationship.
Click here to read full article:
http://www.hoaleader.com/members/Three-Tips-for-Networking-with-Nearby-Homeowners-Associations.cfm
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How to Rein In HOA Owners Who Refuse to MYOB
In this week's tip, we give you ideas for curbing the behavior of the
buttinsky owner who can't seem to mind her own business. You know, it's the
owner who thinks she needs to direct work being done at your HOA, putting your
contractors/service providers in a no-win position.
Click here to read full article:
http://www.hoaleader.com/public/How-to-Rein-In-HOA-Owners-Who-Refuse-to-MYOB.cfm
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5 Tips for Handling Rogue Owners who Interfere with HOA Service Providers
At one point or another, every HOA has one: It's the owner who thinks he or she
needs to direct work being done at your HOA. This can put your contractors and
service providers in a terrible position if owners demand they to do work
contrary to or not included in their contract. It can increase your fees, and
it can really irritate your contractors, causing even your most loyal ones
to terminate their relationship with your condo or homeowners
association.
Click here to read full article:
http://www.hoaleader.com/members/5-Tips-for-Handling-Rogue-Owners-who-Interfere-with-HOA-Service-Providers.cfm
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Are Ancient HOA Governing Documents Problems Waiting to Happen?
In this week's tip, we discuss whether old-as-the-hills governing
documents are no biggie or a problem waiting to happen.
Click here to read full article:
http://www.hoaleader.com/public/Are-Ancient-HOA-Governing-Documents-Problems-Waiting-to-Happen.cfm
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