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President authority


Guest terri

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sorry I quess I didn't explain enough his term is not up yet he has planned to get a property managment company to take over the operation of our complex without informing the residents before it happens he has been very secretive in everything he is doing he has manipulated the board of directors to go with what he wants I was under the impression the president justs oversee the board not go ahead and do what he likes many of the residents are upset they feel he is controlling their lives and there money without permission could you please in lighten us as to what we can do

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Well, a couple of things.

First, if this president does, legitimately, have the authority to engage this management company, then he just plain can. But you imply that he does not have that authority -- so if he really doesn't, then he can't.

On the other hand, if the board does have the authority to do this, and if, as you say, he has got the board to endorse what he wants, then it is a done-deal: actually the legitimate action of the board itself, which has that authority. So the influence, "manipulation," by the president on the board, is an irrelevancy -- it seems to me that you residents need to talk to your directors and make it clear that their job is to do what you elected them to do, not what the president manipulates them into doing.

Some of what I just said is maybe only remotely related to Robert's Rules. (Which implicitly -- or intrinsically, I have lost track of which is which -- means that, as far as writing on this website forum is concerned, means I'm on thin ice.) And of course I am not practicing law without a license. And I wouldn't be, even if I had one. Law license, MIcrosoft Word, ptui ptui, spit spit.

(No offense, Dan, Weldon, Mr Balch, &c &c)

And sorry, Terri, I digressed some.

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And if you do not like what any of the Board members do, then you have two options:

1) As the positions come up for election, elect new people. This is the basic right of the members to do.

2) If the By-laws allow for it, the membership could remove the Board members from their positions. However, you might have to use Chapter XX of RONR if the By-laws don't specify anything other then that the organization follows RONR. Otherwise #1 is the only option.

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Also see a very pertinent FAQ:

http://www.robertsrules.com/faq.html#20

Do you have general meetings, at which time things such as the management company are brought to the members? And do you have a copy of your bylaws? (don't post them, but do read them about the authority of the president, board, and general membership)

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