Can Emeritus board members vote in a real estate association?
Read your governing documents to determine whether or not an an Emeritus board member, you have a vote. Usually:
- If you are a unit owner, you can vote to elect board members and on other matters requiring a membership vote.
- If you are not a unit owner, you have no vote, except possibly, when you have been appointed to the board by the developer or hired by the board as a board member.
- Only board members can vote on board matters.
- If your governing documents give ex-board members voting rights on current board matters, then you may be able to vote.
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The association is (usually) a non-profit corporation, so boardmembers are volunteer corporate officers. Their duties are spelled out in your governing documents. Inaddition, the state law defines the duties of the individualoffices of corporations. State law may also define the legalresponsibilities of board members. For example, in Washington State, the duties include thepreservation, protection and maintenance of the real estate assetsowned in common by the association's owners. The Community Association Institute publishes a series of bestpractices reports, which outline options for board members. Theseoffer ideas for governance, community, and finance, all of whichare the responsibility of the board. See below, for more detail from CAI.
Use reputable Existing Real Estate Club's goodwill and open their chapter in your town like Professional Real Estate Investors (PREIG) Group. . Invite high quality experienced Real Estate Investment speakers . Use Real Estate investment REI club for network . Invite local Realtors, Mortgage brokers, Property Inspectors, Real Estate lawyers and all other Real Estate professionals . Offer annual membership for great discount,this way you have staying power. . Offer advice from Tax experts for Real Estate . Get an Real Estate expert about forgivable grants, tax credits and rebates. . Offer discounts for your REI Club members from local phone company, lumber, realtors etc. . Invite officials from the city to inform Real Estate investors about upcoming infrastructure changes. . Offer field training with Real Estate experts . Conduct a monthly meeting on ongoing basis . Ask members to invite their friends and reward them Running a Professional Real Estate Investors Group (PREIG) requires planning,research and committment.
Yes. Although a single member LLC is a "disregarded entity" for tax purposes, in other respects it is treated as any other LLC. The fact that one person owns the membership interests in both LLCs does not prevent them from forming an agreement that is valid between them.
It is probably good that a property manager be involved as theyhave a different perspective than everybody else. They may bebiased toward certain things but everyone else would balance themout.
Can a member of the home owners association who has a business contract with the association hold office as a board member or architectural review chairperson?
If the member has a business relationship with the HOA, then a conflict of interest would be raised by that member being on the board in any position.
you need to go to collllege and get a 4.0. you need to go to collllege and get a 4.0
Benefits of real estate associate: Be your own boss. Most real estate agents are independent contractors. They set their own work schedules, develop their client base, decide on their marketing methods and grow their business as their own. Your business growth is all up to you. There are no limits for growth of your real estate business. Couple a good attitude with a superior work ethic and you can realize fantastic rewards. You'll need to incorporate good business skills and develop effective marketing. It's all in your hands. Excellent client service will yield future rewards. In the "2005 National Association of RealtorsÂ® Profile of Home Buyers and Sellers", we see that 66% of home buyers said they would definitely use their real estate agent again or recommend the agent to others. It's a huge benefit of this business to be able to reap future business from the good will of past customers (clients). So pay as much attention to the nuts and bolts of the job and to customer service as you do to marketing. You'll see great results later. Your time is yours, so take that vacation! Develop relationships with other agents in your office. Once you find someone with a similar style and work ethic, you can work with each other to set up off time and know that your clients will be handled the way that you want. You're in charge of your business and your time off. Your business can be as large as you like. The real estate business offers huge potential for expansion from your "one person show" beginnings. As an agent, your income is controlled in large part by the time you invest. Grow your business by adding an assistant, or several. Or you can get your broker license and build a brokerage, sponsoring agents to leverage your potential. Develop a plan to provide the "good life" later. If you decide to develop a brokerage business, it's possible to structure it for sale at any point in the future. Using good business practices, the value of your brokerage business will grow and be a marketable retirement asset.
I own real estate with a non-spouse family member This person is going to file bankruptcy How will that affect your part ownership of this real estate?
It it a house? If so, and it is the home of the relative; no problem.. It it a house? If so, and it is the home of the relative; no problem.. I assume by own, you mean you are both on the mortgage...This would mean that when they list their assests in the bankruptcy, they will put the house into it as well. You would need to refinance to get the other party off the loan/deed of trust.
Can an association board raise assessments because of an improvement without the majority vote of members?
A mid-year adjustment in budgeted amounts to annual assessments can be approved by the board, given that power written in your governing documents. Look for it to verify that such assessment adjustments are possible in your association. Usually, members of an association are offered the option to ratify any/ every budget, in which case, read your documents carefully to fully understand how members can collect to deny budget ratification. For example, the board approves a budget and notifies the members of the new budget. Unless a percentage of owners -- see your CC&Rs -- appear at the ratification meeting to oppose a budget, the budget is ratified.
\nIt is a word used to describe someone who is retired from a certain profession
Read your governing documents to determine who is eligible to occupy a director's post on the board. Generally, this is limited to owners, and employees are specifically banned from becoming a director.
\n. \nYou would have to research the wording of your HOA documents (and possibly your state's HOA/Condo laws) to determine if this is prohibited or not. However, it doesn't sound like a good idea because of a possible conflicts of interests.
Roberts Rules of Order provides a structure for the conduct of board meetings. The question of whether an exofficio member of the board can vote is answered in your governing documents or state law covering the style of corporation under which your association operates its business. . Commonly, an exofficio member can vote as a member according to the allocated interest owned in the association, on matters where a membership vote is called. . This person's vote on matters voted on by the board -- once this person no longer serves on the board -- is the answer you seek from your governing documents or the state law.
Ex-officio (not sure of the proper term but ex officio members of a committee can vote). The term means by virtue of office. The VP of the US is an ex offico member of the Senate and can vote to break ties. In addition, Robert's Rules of Order specifically states than an ex officio member has voting rights.
Your condo association insurance policy has expired and the board members have not informed the tenants what do you do?
If you are a tenant, you can inform the unit owner, including evidence, that the master policy on the commonly owned real estate assets has expired. The owner, then, would send an official notice to the board indicating that they were in violation of the rules written in the governing documents regarding insurance. The owner can quote the 'shall' paragraph that requires the board to carry a master policy and keep it current by paying the premiums.
President of the board non board member blocked changed post office box and bank account from acting board voted manager of condo association what can we do?
That depends on who 'we' might be. From your question, it's unclear who's a non-board member, and who's the manager, and who is 'we'. If you are other members of the board, you can enlist the support of your association's attorney to compel the (non-board member) people in possession of the association's assets -- the mail box and the bank account -- to turn them over. If the manager is a property manager with whom the association has a contract, remind the manager that s/he is a vendor, not an owner, not a corporate officer, but a paid partner. If you are an owner, you need to work through your board and proceed as above. If the board is fractured and this is a rift among board members, go read your governing documents and discover your responsibilities -- all of you, to perform your duties with a legal responsibility to the association. Invite your association attorney to your board meeting and require that all board members attend. State the facts, bring the evidence and work with the attorney to free the association from this situation so that assessments can be collected and bills paid.
The Thir d Estate had many more members than the other two combined, and represented many, many more people. Its dlegates wanted to vote by head (one delegate, one vote) rather than by Estate (one Estate, one vote). That way, the majority would have a majority
Generally, association members may assign their votes to whomever they choose, and this may be a board member. It is possible that a member assigns an open proxy, or may assign a chosen proxy, usually by vote-able action. With an open proxy, the proxy holder can choose how to vote; with an assigned proxy -- with choices clearly voted on by the member -- then the proxy holder is required to vote according to the member's directive. One caveat is this, however: commonly, board members may not assign proxies to other board members for board votes. Read your governing documents to determine the exact voting procedure in place in your association, and if they are silent, locate the state law governing the type of association involved, or the type of corporation involved, where your answer may be dictated.
In operating the business of the association, the board is fully vested to make decisions, wherein the board members vote. The process usually follows Roberts Rules of Order. When the vote of the association membership is required, then your governing documents determine what percentage of the membership vote is required in order to pass, ratify or object to a resolution. Read your governing documents to more fully understand when board votes set the rule and when membership votes are required or allowed. Only rarely is an individual board member allowed to make a decision or take an action without a vote of the board, and generally this is allowed in case of an emergency that threatens the safety, maintenance or security of the association's assets. Again, these situations are clearly defined in your governing documents.
The number of jury members for a "real estate" trial can vary from zero to 12, depending on the jurisdiction and kind of case. In a case that is before a court of equity/chancery and/or for certain kinds of lawsuits (such as a case of "specific performance"), no jury may be allowed, or a jury may be allowed but only for a limited number of issues. In a case "at law" (such as a "simple" breach of contract claim), it depends on what the laws and court rules are. It may be a 6-person jury, or 12-person jury. It is a jurisdiction by jurisdiction matter. If it is a criminal trial, other rules may apply. Again it is jurisdiction by jurisdiction, including state or federal trials.
First, the estate must be probated and the executor must be appointed by the court. Then there are different ways the executor can purchase the real estate. They could petition the court for a license to sell the real estate with the executor as the purchaser after a fair market offer has been accepted by the beneficiaries. The executor would need to obtain the assents of all the other beneficiaries to the petition. The court would likely allow such a transfer. Another method would be for the executor could wait until the probate procedure has been completed and then purchase the property from the beneficiaries who inherited it and are now the legal title holders. Either way, the executor should consult with the attorney who is handling the estate to make certain the transfer is done properly and title is passed legally.
Can an organization deny a member from voting in a Home owners association where you have condos and free standing homes can Bylaws be written that reduces a member from voting?
Read your governing documents to determine when and how a member can be denied a vote. The mix of housing types does not usually affect a right to vote; it may affect the weight of a vote. Amending your governing documents means gaining the agreement for a vote to amend, complete with a review and discussion of the amending language and its impact on the membership -- one way or the other -- by a certain percentage: by-laws usually require a lower voting margin to amend than the CC&Rs.
Anyone can sue anyone over almost anything. The key is this: the ousted board member must complete the necessary research to confirm that s/he has a case (leg) to stand on in any suit s/he expects to win. If your governing documents state that any board member may be voted out of office by the membership, and the vote was taken from members qualified to vote in a meeting announced in the appropriate way, and the item was on the agenda...all for example, then the vote probably cannot be challenged.
Probably not. But it depends on what you mean by 'rules'. Read your governing documents to understand how 'rules' are changedby either votes of the membership or by the board. Your CC&Rs -- the land use document, and your By-Laws -- theoperation of the business -- each require a percentage of themembership to vote in favour of any amendment to either. You canfind the percentage in each document. Some By-Laws can, however, beamended by board vote. Rules -- which generally address behaviour of people and petswithin the community -- are written by the board, approved by themin a duly constituted board meeting, documented in the minutes,then published to all owners and residents. Rules are also a keypart of any welcome packet delivered to new residents. Rules are best generally based in the other governing documents,municipal laws or other reasonable tenets of civil communityliving.
When is the vote of the association members required by changing rules in the association.the board of directors changed rules for the community without votes of homeowners. Is it lawful?
Please read your governing documents to determine what percentage of the membership is required to change/ amend/ alter/ adjust your governing documents. The percentages are different depending on whether the change is to: . the CC&Rs -- your private democracy's 'constitution', or . the By-laws -- your private democracy's business conduct rules The board may clarify existing documents by way of a board resolution, and the board vote on a resolution is the only vote required. Board resolutions must be published to all members. If you believe that your board has materially altered your CC&Rs or your By-laws without a vote of the membership, and your governing documents don't allow such a board-only-vote for an alteration, write a letter to the board quoting the section in your governing documents that you believe that the board violated. In the letter, ask for a spot on the next board meeting agenda, and request a discussion that includes an explanation of the board for its vote. Finally, ask the board for a vote on their action, as to its legitimacy. When you take this approach, the board's action and violation, if one occurred, and their vote to either uphold or revise their action, will be documented in the association minutes.
This answer depends totally upon your unique situation. Best practices indicate that you work with your association's attorney to decide how to proceed.
Different states have different names for real estate agents and real estate brokers. Usually a real estate agent associate is a person who has a state provided license to sell real estate under the supervision of a licenced real estate broker. Some state call this person a real estate salesperson. Illinois has just mandated that all agents will now become brokers, doing away with the salesperson license, and that all brokers shall become managing brokers should they wish to manage an office or brokerage. Brokers generally do not deal with the public in the larger companies.
It depends on the type of board meeting and its guidelines, as defined in your governing documents. For example, if it is a special meeting called by board members and not by the president, only the items listed on the agenda can be voted on. If it is an open board meeting, then a majority of board members present may vote on an item. Perhaps board members vote and the president only votes when there is a tie, and so forth. Not all governing documents are the same, so review yours to determine how to proceed with a vote when fewer than all board members are present.
Your governing documents are specific about notice required and the percentage of the membership's votes necessary to amend the CC&Rs, your governing documents. Usually it's an uber-majority, such as 67%. These basics about amending governing documents are probably based in state condominium law, and should not be violated by a board that wants to change them independent of the membership. If your board has amended the CC&Rs without membership vote or notification, you can send the board a letter with back-up reference to state law and to the requirements listed in your governing documents, and request that your letter be read at a board meeting. Then request a discussion period and require that the board vote on either following the voting rules for amending or vote in favor of violating the state law. Then, their action is recorded in the minutes and published to the membership. Worst case, you can hire an association-savvy attorney to deal with what sounds like a rogue board. (Their violation probably makes their amendment or alteration mute and unenforceable, based on their basic error in procedure.)
Read your governing documents to understand the process. Usually, at the annual meeting, after candidates apply for a board position, the membership, made up of unit owners, votes on the candidates. Candidates elected are added to the board, and the board members decide which post each director will hold.
Who are the current midi manufacturers association MMA executive board members and what companies do they represent?
Athan Billias (Yamaha Corp of America) Bryan Lanser (MuseResearch R&D) Denis Labrecque (Analog Devices) Claus Dorner (Atmel/Dream) Tom White (MMA)
Volunteer leadership includes a chairman, vice chairman, nine directors-at-large, and eight regional directors. The directors-at-large are elected for three-year terms. All others serve one-year terms, and all are elected
Shareholders in public companies receive voting materials on several items as they arise, and voting on BOD members is one of those items.
Of course, any one can. I'm pretty sure of it. Another Answer Any owner -- with their name on the title to a residence -- can be voted onto the board of an association, regardless of their occupation or other volunteer work. In the situation where there could be a conflict of interest, however, the board member is well advised to recuse himself or herself from a vote. For example, if the HOA is petitioning the City Council for improvements to a geography owned by or in service to the HOA, the council member on the board would probably abstain from voting in one place or the other.
As an owner, your board is obligated to make certain documents available to you on a regular basis. For example, board meeting minutes, your governing documents and any updates to them, certain financial records and so forth. Your association is a business and its officers are listed with the secretary of state in your state. You can start by contacting the property management company -- usually, the organization that processes your assessments -- and requesting access to these documents. The current board members are all listed in the latest board meeting minutes.
Read your governing documents to learn more about how proxies can be used in board elections in your association. Usually, an owner receives a document which can serve as either a ballot or a proxy. So long as the owner's signature is on the document, and it can be identified as a proxy, it can be used as such. However, it can only be used for one or the other purpose, not both.
Can the president of the board of directors of a homeowners association make a motion and also vote?
Your answer depends on the contents of your governing documents and the state law that governs not only the association, but the form of the corporation that your association fits within, such as the non-profit corporate law. Generally, the president doesn't vote unless it is to break a tie. However, different associations and different state laws may not agree on this point. Unless specifically forbidden, a president may be able to make a motion, although best practices of good leadership indicate that motions be made by other board members. Also, generally, board meetings are conducted following Roberts Rules of Order. You can find a quick reference to motions, below. Finally, motions exhibit decisions for actions. Motions require a percentage of votes, either of the ownership or of the board, regardless of who makes them, or how the president votes. If you believe that your president has abused her/his power by making a motion and voting on the motion in such a way so as to have violated your governing documents or state law(s), you can formally protest the motion and require further discussion on it. You can also request that the protest be noted in the minutes. You may fail in your protest, but your protest can be noted in the minutes. Since the minutes are historical documents of the business of the corporation, they become legal evidence.
Your association's governing documents can answer this question, and if they are silent, the state law that covers the type of association involved, such as the state non-profit law will be clear. Generally, if the ex officio member owns property in the association, the member's vote is already defined as that of an owner, when voting on matters with other owners . If there is no property ownership, there may be no vote unless it is expressly granted in the governing documents. As to an ex officio member of the board -- if that's the case -- this member may or may not be allowed to vote with other board members on issues only voted on by the board .
Usually, a board member can vote owner's allocated interest in member vote matters by using a proxy: board votes on board matters by proxy generally are not allowed. Your state law covering condominiums, or your state corporate law that covers the type of corporation involved, may also be a source for your answer.
Yes. And No. It is totally dependent on the bylaws of the organization. Precedent isn't conclusive, as half of organizations allow for Emeriti to vote, and half don't. This is good, as each organization has different needs in designating an Emeritus, and the bylaws should be drawn in such a way as to benefit the organization. Be sure that when writing the Emeritus status into the bylaws, that it clearly specifies: A) whether or not the Emeritus holds a right to vote; B) establishment of the compensation, if any, for the Emeritus; C) define the length of term and renewal requirements of the Emeritus as well as determining how an Emeritus designation can be removed; D) how or whether the attendance of the Emeritus affects a quorum.
Read your governing documents to determine the basis upon which your association may or may not be authorized to suspend owners' voting rights.
Emeritus - (revision September 13, 2005) The Emeritus Deacon category was adopted in 1987 to honor those deacons who have given outstanding, meritorious, and loyal service to the church and to the board of deacons, and who have attained the age of 75 years. The current deacon chairman, the pastor and three of the most recent deacon chairmen nominate Emeritus Deacons. If approved by the board, the nominees are presented tot the church for approval. Emeritus Deacons would not have the right to vote, but Emeritus Deacons would be eligible to serve as a Rotating Board Deacon through the established deacon nominating process and, as such, would be entitled to vote.
Yes. Gather your evidence and present it to a local, common interestcommunity-savvy attorney, who is best equipped to advise you inyour particular situation.
Read your governing documents to identify the tasks assigned to the board, which broadly may include protecting, preserving and maintaining all the real estate assets that owners own in common. Please understand that your board members are volunteers and may hire vendors to help and support their completion of these tasks. Identify a task that is not being done, such as upkeep of the landscape. Then you can take these steps: . Write a letter to the board with a copy to the association management company -- if there is one -- and state the details of the task that is not being addressed. . Cite the section in the governing documents that covers this task. . Request an entry on the Agenda of the next board meeting with time to present your case. . Require that the board vote at the meeting to either follow the governing documents -- the section you cited in your letter -- or vote to refuse to follow them. Depending on the severity of the task not being done -- a leaky window or roof is more serious than an un-mowed lawn, for example -- you can collect other owners who agree with your position. Several owners with the same complaint may be more impressive than a single owner, depending on the severity of the issue.
Yes, in some cases. The first task is to identify the section(s) of the governing documents that board members violated, and produce proof that the parties have attempted to work through their differences given the processes described therein, and in the state law that covers your type of association. Most associations carry master insurance policies with Directors and Officer's (D&O) coverage. When the board is sued, and when D&O coverage is in place, often the D&O coverage provides for hiring counsel for the board. Upon further investigation, when/if during the discovery process, valid evidence shows that board members have acted outside the boundaries of their governing documents and state law or have violated them, the D&O coverage may not cover the situation -- for counsel or for judgement amounts. Depending on the D&O coverage, board members individually may or may not be covered. Finally, your counsel can advise you as to the wording of your complaint, and whether or not you can/should include board members personally as named defendants in your suit -- or not, depending on the situation. NB: Be aware that if you bring suit, and you lose, you will be responsible not only for your fees and expenses, but for the board's fees and expenses spent to defend itself in your matter.
Depending on the situation and circumstances, probably not. But there are times when you must grant any requested permission. Read your governing documents to confirm that no entry into your unit is permitted by the association or any of its agents, except by written notice of some duration -- typically 72 hours. And then, with a stated purpose. There are times, during an emergency, however, when entry into your unit is required without notifying you. For example, in the case of a water leak emanating from, or traveling through your unit, or fire, or smoke, or physical security and safety of the community. (This, too, is documented in your governing documents.) If your association requires entry into your unit, and you fail to grant it, and in doing so, you compromise the maintenance, preservation or protection of the community's assets, you can become liable for any consequences. For example, if access is required to test your smoke detector, repair or replace your fire sprinkler system, clean your drier vent, it is reasonable that the association be granted access, which it must request in advance. In an extreme case, such as that of a 'hoarder', where the upkeep of the unit's interior fails to meet the standard established in the association's governing documents, entry may occur. In such a case, the association's requirement to give you full and complete notice as to the purpose of inspecting the interior of your unit is required, as above. Best practices dictate that you report any unannounced, unplanned, and non-permitted intrusion by the association or its officers or agents to your local police precinct, and notify the board and the association manager in writing of the incident, and of your action in reporting it.
You can contact the Mississauga Real Estate Board through their website via online form or email. You can also contact them by phone at (905) 608-6732.
Can the owner of a condo unit that subject to a life estate sit on the condominium board if by-laws state only an owner can be a board member?
Yes. The fee owner of the condominium unit is the legal owner even though the unit is subject to life use by another party.
In this case, owners are well advised to educate themselves as tothe matter at hand and show up in person to vote according to whatthey believe should occur. If someone is telling you that only proxies can be used in thiscase, request the legal opinion upon which this -- probablyerroneous -- information is based. Proxies are assignments of one's vote. If one is available andwilling to vote, one should vote and not execute a proxy forsomeone else. One can assign a proxy to cast a particular vote in the absence ofan owner; one can assign a proxy to cast a vote that the proxyholder wants to cast; one can assign a proxy to cast a series ofvotes. Proxies can be designed to execute most any vote. Proxies are optional substitutes.
They do have that ability. The property belongs to the estate and the executor is responsible for it. The purchase price must be a fair market value and may require court approval.