Is it legal to maintain an hoa without a board of directors board members terms were up may 2010 and meeting to vote on a new board was canceled by them you have a management co following them?

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Read your governing documents to understand how long elected directors serve when no annual meeting takes place. As well, read there whether or not an annual meeting 'shall' take place, and the agenda items that must be addressed during such a meeting. Your state law may also cover these issues, and an association-savvy attorney can help you identify whether or not a law has been broken, whose fee you can share among all interested owners.

The following assumes that the members want an active and involved board to conduct the business of the association.

Read your governing documents to determine the appropriate process for calling a meeting of the members.

Be prepared to include an agenda, to motivate members to attend the meeting -- here, to elect a new board of directors. Once a quorum of members is established -- or the percentage of members required under your governing documents to conduct the business called for in the agenda -- you can take the appropriate action.

Include an association manager being paid by members' assessments, and leverage their expertise.
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Is it common for the CEO to be a member of its board of directors?

I can only answer this from the standpoint of a non-profit. If you're talking about a for-profit corporation, this does not apply. The easy answer is "sometimes." In my state (Pennsylvania) it's generally accepted that your CEO should NOT be a voting member of the Board of Directors, as it could (MORE)

Can a Board of Directors expel a member?

According to the rules of order, a board member may be expelled foracts contrary to the function of the group. It takes a majorityvote of the board for the member to be expelled.

Who makes up the board of directors?

The Board of Directors of a corporation typically consists of individuals elected by the shareholders and the Chief Officers of a corporation (CEO, COO, CFO). Elected individuals are usually those who own significant amounts of stock or have lots of capital invested in the business. The Board is hea (MORE)

What is legal about HOA Board Email communication?

Boards are well advised to seek legal counsel in this situation.Unfortunately, laws have not caught up with technology. An owner who does not use e-mail, including a board member, canclaim an action against a board that conducts business by e-mail. A thoughtful board will lay a transparent foundat (MORE)

How do you get rid of board members without a special meeting?

Most board members are elected, so the easiest would be to wait until they are up for reelection and run against them. If they are appointed, again, there are terms to the appointment so offer a replacement or put yourself up as a replacement. There are laws that govern such things on boards and typ (MORE)

Can HOA board members incur debt in behalf of HOA?

Board members can incur a debt for the association when appropriate- for example an unexpected urgent repair - but must then financethe debt through borrowing from reserves, or a "special assessment"which must be repaid with within a specific period. Generallyspeaking, the repayment period is within (MORE)

How many members are on the hoa board?

Your governing documents will specify this number. Depending on where you are in the history of development: newly on the market, still within the declarant (developer) control period, fully formed association with no developer involved, and so forth, the number may vary. Typically, the number of (MORE)

In a membership nonprofit where members control the Board of Directors by vote and by voting ability to approve bylaws and charter provisions how may attempt by directors to grab control be blocked?

Look to your bylaws and articles, and to the state's corporation law. It may be possible for a meeting of members to be called for the purpose of removing any or all directors either for cause or without cause. Look to the way in which such a meeting can be called. Probably needs a substantial suppo (MORE)

Can board members submit other members proxies at a board of directors annual vote meeting?

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 assigne (MORE)

Can an HOA board member be suspended for not paying assessments?

Please review your governing documents to verify the actions that the board can take against an owner to collect the owed debt. As well, the board may be able to require a non-paying member to abstain from voting on board business, but it is advised that you seek legal counsel's guidance before in (MORE)

Is there a term in English for the documents that contain resolutions of a board or of members with or without a meeting?

The term you want is Resolutions. Usually, resolutions require a board vote to become part of the governing document set. And usually, board meetings are public meetings, with members attending who can witness board votes. Once a resolution has been enacted, your governing documents specify ho (MORE)

Can board of directors change rules without votes of members of association?

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 them (MORE)

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 (MORE)

How does the board of directors improve the participation of its members?

This is a tough one, everywhere, especially for the member owners. Members of the board who do not participate, effectively stop the flow of the business of the association. They occupy a seat and produce nothing. In your governing documents, it's possible that you can find the section that the oth (MORE)

How does hoa elect board members if quorum not met?

Your governing documents define a quorum. For example, it may state that 'twenty-five percent of the ownership must be present in person, by proxy, or written ballot' in order to establish a quorum. The board's responsibility is to secure the ballots or proxies or commitments from every owner to (MORE)

Can a board vote on an issue if all board members are not present?

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 boa (MORE)

How do you vote in a member to a Board of directors?

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 w (MORE)

Can a president override a vote by the board of directors?

No. Unless your governing documents give the president the right to override a board vote, the majority board vote of the board stands. Usually, a president votes to break a tie in a board vote, and otherwise does not vote. Read your governing documents to understand more fully how board votes (MORE)

Can a board director rescind their vote?

There's no easy way according to Roberts Rules of Order, to rescind a vote by a director. According to Wikipedia, and Roberts Rules of Order Newly Revised: "...the requirements for changing a previous action are greater than those for taking the action in the first place. A motion to rescind, r (MORE)

How to run a successful Condo Co-Op or HOA Board Meeting?

Generally, the more engaged owners who are involved in boardmeetings, the more 'action' takes place. Associations aremulti-million dollar businesses. Owners are investors in thisbusiness, which also happens to be their home(s). A solid leader directs the business of the association with vision,econ (MORE)

Can an ex officio member vote on a Board of Directors?

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 d (MORE)

In Texas does a hoa board members term expire at the end of the required two years even if no new election has taken place?

Each individual HOA has their own bylaws that cover this sort of thing. It's not a state law issue. Another Answer Governance issues for associations may lean on state corporate law for some of its guidelines, perhaps non-profit law. (Most association governing documents are based in state asso (MORE)

Can a HOA board of directors be sued for fiduciary neglect?

If the neglect caused damages then you may have a case. You should consult with an attorney who can review your situation and explain your rights and options. Furthermore, the bylaws of the HOA, or state law, may require that the board of directors maintain insurance covering their acts or neglec (MORE)

How many members of board of directors?

In most states, the minimum number is one (1) member of the Board of Directors. Most states do not impose a maximum. Check with the Secretary of State's office for the state of incorporation for the specific answer to your question.

Can a board member vote by proxy?

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 sourc (MORE)

In CA is recording of HOA board meetings legal if the board doesn't approve it?

If the board meeting is an open meeting -- your governing documentswill define this -- and is thus, a 'public meeting', apparently theCalifornia Digital Law applies. You can read how it applies to public meetings, below. As an owner, you may be able to make the case that if yourrecording does not (MORE)

Can Emeritus board members vote?

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 a (MORE)

Who has the authority to fire a member of the board of directors?

I don't believe the charter of every US corporation is identical, so there may be some variation here, but it's my belief that, under normal circumstances, directors of a company aren't fired, but they certainly can be voted out by stockholders at the next annual board meeting. Under special circu (MORE)

Can a board member ask the board president to leave a meeting?

Read your governing documents to determine who is responsible for leading a meeting. Often this is the president of the board. Board members may disagree with a president's position on a matter. Using Roberts Rules of Order -- usually a recommended template for the conduct of board meetings -- bo (MORE)

Can a vendor attend an HOA board meeting without being invited?

Typically, association board meetings are business meetings called to conduct the business of the association in full view of member-owners. In this sense, it is not a public meeting where anyone can simply attend with no basis. An officer or director could approach the vendor and query as to the (MORE)

Can there be a legal case against an HOA board that has failed to answer a members question?

Depending on the circumstances, a lawsuit could be filed against the executive board of the HOA if it is not carrying out its duties and responsibilities properly and in a timely manner. You should visit the local land records office and review all the recorded documents associated with your communi (MORE)

Can a board member of a hoa be dismissed?

Yes. Read your governing documents to understand this process. Generally, the board member can be relieved on his/her duties while still remaining a director, or a board member can be removed from the board.

Can a HOA board member demand dues at residents home?

Unfortunately, in the private democracies known as homeowner associations, some board members believe they have special rights to exercise their 'power'. Owners pay assessments that the association uses as income to pay the bills for the vendors who help operate the community. (They are not option (MORE)

Can HOA board member manage a HOA property without a management company?

Yes, but it is not a wise strategy according to best practices. Why? Board members in associations may be volunteers, but they have legal obligations, responsibilities with actions governed by state laws. In a very small community -- say six owners -- an experienced board member with a deep bu (MORE)

How many HOA board members needed for a HOA?

Your answer depends on the size of the association. You'll need adifferent number of board members for an association with 100 unitsthan you'll need for one with 3,000. Generally, your governing documents state the number of membersrequired for the board, and for ease of voting majorities, thisnumb (MORE)

Can board members decrease from 5 HOA board members to 3 members?

Read your governing documents to determine the process required to make this change. It is possible that if only three board members are elected, the number -- for the duration of those terms -- automatically becomes three. Be aware, however, that a three-member board may be hampered in its abili (MORE)

How do you get rid of a hoa board member in Illinois?

Read your governing documents where you will find the process toeither recall a director, or among board members, relieve adirector of any responsibility or authority. Generally, removal of a director requires a small percentage ofowners to call an owners' meeting, note the recall as an agendaitem, (MORE)

Can an HOA board member request not to be recorded?

Different states have different laws about recording publicmeetings. Check your state laws to verify that it is legal,generally with an announcement, to record public meetings. If a board member does not want to be recorded, it is reasonablethat you would honor this request. However, if business bei (MORE)