HOAleader.com - Tip of the Week - February 27, 2015
Published: Fri, 02/27/15
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Our HOA Board Appointed the Wrong Person. Can We Start Again?
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In this week’s tip, we answer a reader’s question about whether a board that
appointed a new member—and sorely regrets it—can dis-appoint that member.
“The simple answer is no,” says Bob Kmiecik, a partner at Kaman & Cusimano
LLC, which represents associations throughout Ohio.
“It really depends on what’s in the documents,” he explains. “But in all the
governing documents I’ve looked at, there may be a different process to get
someone on the board—by election or appointment—but once they’re on the
board, they’re full-fledged board members. Appointed board members have
just as much right to remain on the board as an elected board member.”
Andrew Schlegel, CCAM®, executive vice president of community management
for Orange County and Los Angeles at FirstService Residential in Aliso
Viejo, Calif., agrees the answer is dictated by the association’s
governing documents and adds another point. “My feeling is that when you
appoint somebody to the seat,” he says, “they get that seat for however long
it remains open.”
In this case, boards have several options. Your state law may cover this
topic, but it’s more likely you’ll be turning to your governing documents.
“In Washington, there’s nothing in the statue that talks about a board being
able to remove another board member,” says Kevin Britt of The Law Office of
Kevin L. Britt, who specializes in representing associations in Seattle.
“But usually in the governing documents, there’s a provision that allows
the board to vote to remove one of its members. The interesting thing about
those situations is whether it’s something that requires cause. In other
words, does there seem to have to be some kind of misconduct? Other documents
will say board members can remove another board member even without cause.
To find out other options available to a board in this regrettable
situation, head to our new article:
http://www.hoaleader.com/members/1142.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Board Wants a Do-Over: Can It Rescind a Board Appointment?
An HOAleader.com reader asks, "Our five-person HOA board comprises four
cooperative members and one individual who thrives on conflict and
aggressive one-on-one sessions of argumentative, vicious
confrontation. She is a past president who has been responsible for driving
other officers into vacating their positions in retreat, including one
past president, our secretary, and others in her wake. How can she be removed
from her position on the board so we can enjoy functioning as a cooperative
unit? I should add that she is an appointed member of the board who was brought
back after she quit her presidency in a fit of rage during one of her
'discussions.'"
Click here to read full article:
http://www.hoaleader.com/members/HOA-Board-Wants-DoOver-Can-It-Rescind-Board-Appointment.cfm
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Are HOAs Private Clubs under the ADA?
A reader has asked if HOAs qualify as private clubs under the Americans with
Disabilities Act. That would mean they're subject to the act's provisions,
among them, things like adding features to facilities to ensure they're
accessible to disabled.
Our reader says he's seen reports suggesting that only 501(c)(7)
organizations (social and recreational clubs) are exempt from the ADA, but
also reports that courts judge private-club status on the basis of members'
control of an organization, membership requirements, and "substantial"
funding from members. "That sounds like an HOA to me," says our reader, who
admits he's not a lawyer.
Click here to read full article:
http://www.hoaleader.com/members/Are-HOAs-Private-Clubs-under-ADA.cfm
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Who's Responsible for an HOA's Poorly Designed Drainage System?
An HOAleader.com reader writes, "I live in a PUD, and my home is the lowest lot
on the street of our association, consisting of 26 homes and 4 townhouses.
These homes were built 15 years ago before our city implemented city
storm-water management guidelines; therefore, the builders didn't have
any guidelines regarding downspouts and water runoff.
Click here to read full article:
http://www.hoaleader.com/members/Whos-Responsible-for-HOAs-Poorly-Designed-Drainage-System.cfm
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Everybody Agrees, So No Need for an HOA Board Meeting...
An HOAleader.com reader asks if it's OK to make decisions without a meeting
if there's unanimous consent for the action.
The question arises because the reader mentions a provision of the Maryland
Condo Act, 2-408(c). It states, "Any action required or permitted to be
taken at a meeting of the board of directors or of a committee of the board may
be taken without a meeting if a unanimous consent which sets forth the action
is: (1) Given in writing or electronic transmission by each member of the
board or committee; and (2) Filed in paper or electronic form with the
minutes of proceedings of the board or committee."
Click here to read full article:
http://www.hoaleader.com/members/Everybody-Agrees-So-No-Need-for-HOA-Board-Meeting.cfm
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What's Unanimous Consent, and When Can You Deploy It?
An HOAleader.com reader recently asked when a board could fail to notify a
fellow member of a vote. As a follow up, here we discuss another part of the
reader's question: When and how can boards act without a meeting?
Click here to read full article:
http://www.hoaleader.com/members/Whats-Unanimous-Consent-When-Can-You-Deploy-It.cfm
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