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The old board resigned and appointed a new board to replace it without a vote of the members. Can it do that?

Views: 2061
Posted: 26 Jan, 2008
Updated: 26 Jan, 2008
No. A current board can appoint someone to a board vacancy but it cannot appoint someone to a future vacancy, especially a whole board. Or said another way, once the board has resigned, it has no authority to appoint anyone to anything. A new board needs to be elected by the members at a meeting called for that purpose.
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document We have buildings which occasionally have sewage backups. Should the HOA pay for repairs and cleanup?
document If we receive a request from a property owner for a copy of all the Board meeting minutes, do we have to comply?
document We have any active community with members who like to volunteer to do small tasks and repairs. Some owners are against this because they are concerned about liability to the Association.
document Our governing documents prohibit homeowners from having above ground pools in their yard. The board has decided that kiddie pools are included in this prohibition stating that the HOA could be sued if a child drowns. Is this correct?
document There is a couple who lives in our HOA and only one of them is listed on the property title. Does the other one qualify to serve on the board or a committee?
document Our Regime fees have been under $300 per month for years. The current board has proposed a budget that is calling for a significant increase each month along with a separate special assessment. I understand the importance of maintaining the buildings and providing adequate reserves for future major projects, but at what point do increased fees have a negative impact on the market values?
document The Board of our HOA meets four times a year. We are largely a vacation community with only a few permanent residents. Between board meetings, the board president makes all the decisions as long as they are in line with previous board decisions, the budget and governing documents. The president has been consulting other directors by email concerning certain decisions and calling for motions and votes by email. Doesn't this constitute a board meeting and circumvent the open meeting concept?
document Our governing documents restrict units to "Single Family" occupancy. Our board interprets this to mean "related" individuals. According to this interpretation, a live-in girlfriend, boyfriend or care giver would all be in violation.
document The board bought one of our units with HOA funds without putting it to a member vote. Is that allowable?
document Our rules enforcement resolution provides for a hearing before the board if the alleged violator contests the Violation Notice. We are currently facing the prospect of our first such appeal hearing. Is there a correct format or procedures for this type of hearing?
document Our management company seems too busy to handle our HOA business. The board wants to evaluate other management options. Is there some form or checklist we can use? There are many management companies. How do we determine which one is best for our needs?
document My unit is on the ground floor. When I bought and moved in to my condo seven years ago, the upstairs unit was carpeted except for the bathrooms, foyer and kitchen. But recently, the upstairs owner switched to hardwood flooring. I can now hear footsteps and other noise coming from upstairs at all hours of the day and night. I notified both the upstairs owner as well as the board, but nothing has been done to correct the problem. What can I do?
document A homeowner at our HOA recently presented a written work order to the landscape maintenance company. The contractor performed the unauthorized task which also happened to be beyond the scope of their contract. Can the HOA be held responsible for payment of unauthorized work? Should the owners be held responsible for directives given to contractors who have been hired by the HOA?
document I recently became a board member. Previous boards for over ten years have failed to plan and properly budget, so we have no reserves. The board decided to have a special assessment of $1000/unit to boost the balance in reserves. We are also in the process of having a reserve study done. We are already getting blowback from members on the special assessment. One member questions whether we need to continue operating the swimming pool since it is lightly used. Another suggests selling off the clubhouse to raise money. How should the board respond?
document How can we shut down or discontinue amenities that few members use like hot tubs and tennis courts?
document I attended a seminar which discussed the importance of maintaining uniformity of appearance of our units and how lack of uniformity can affect property values. Is there somewhere I could get more information or documentation about uniformity and property values?
document Can a condo association hire a handyman to do minor odd jobs such as light painting without worrying if this person is a licensed contractor?
document If my washing machine hose breaks sending water cascading into my neighbor's unit, whose insurance pays?
document I live in a townhome and have had several major plumbing problems related to tree roots in the sewer line outside the unit. The association says the repairs are my problem. The warranty insurance that the seller provided says the blockage in the pipeline is outside so they don't cover it. It has cost me over $1,800 so far. What's your opinion?
document We have had problems with parking rules enforcement. What do you recommend?
document Our board seems to be making rules up as they go. How should they be doing it?
document Should homeowners be identified in rule violation or delinquency discussions at Board Meetings?
document As a real estate agent, I'm unsure how to compare similar homeowner association units that have very different monthly assessments. When I show one property with $135/month fees then another at $250/month, the buyers get confused. Me too. What should I advise them?
document I own a condo and will be taking over the presidency of the association. What training information do you recommend?
document Our property line fence is in need of repair and our governing documents say that the responsibility belongs to the homeowner. Our neighbor demands that we not rebuild on the property line and wants a different style of fence.
document Due to demand, the Board has given notice to owners renting two or more storage space that they must give up the extra spaces within 30 days. Aren't existing storage renters grandfathered?
document Would directors getting together prior to a meeting to discuss the agenda be considered a business meeting? Can a board meeting be held without establishing a quorum?
document We have been paying our Board President $200/month for work outside his job description. Is this OK?
document Yesterday I found a litter of cats on my back patio left by one of the many strays that wander the community. There are several unit owners who feed them and we are developing a regular colony. They are a nuisance -- spraying and tearing up gardens, caterwauling, etc. Suggestions?
document The Board says the newsletter cannot have negative editorials. True?
document Our association is struggling with the concept of home based businesses. A director's small daycare operation is allowed to exist while another owner's small distributorship was asked to shut down. Are there any guidelines?
document I am a real estate agent and my client just took ownership of a condo four weeks ago. Two weeks ago she received a special assessment letter for $400 explaining that the HOA was over budget for the previous year because of natural gas price increases. Since she just took possession, shouldn't the previous owner pay?
document Is it appropriate to include in meeting minutes the names of delinquent owners?
document Smoking on the decks drifts to decks and into open windows of non-smokers. Suggestions?
document How To Bar HOA Rentals
document We have had a lot of problems with children in our community vandalizing our common property at night. The Board of Directors would like to propose a curfew that prohibits children under the age of 16 from being outside after 10 p.m. unless accompanied by an adult. Can we legally do this?
document Can Board Members who are absent from a regular board meeting, give a proxy to another Board Member to vote on matters before the board at the meeting?
document What rights do homeowners have to see ballots cast at the annual meeting? We have a homeowner who is demanding to see the votes and some feel uncomfortable with that.
document Our HOA currently distributes a written directory including all residents and their respective addresses, work/home phone numbers and email addresses. Are there any privacy concerns?
document I've heard that some communities have improved their assessment collections by publishing the names of members who are delinquent in the community newsletter. Is this legal? Doesn't it violate the Fair Debt Collection Practices Act, or open up the association to a lawsuit?