Jump to content
The Official RONR Q & A Forums

BOARD OR NOT TO BOARD


Guest MTAYLOR

Recommended Posts

Last August 2013 I volunteered to take over as Treasurer/Secretary due to the previous person moved out of the subdivision. The President & V President and myself did not get along very well so I saw no need to run for re-election in April 2014. The Board is to be rules by Robert's Rules of Order. The President resigned in Feb 2014 because he didn't like that for once the VP & I agreed on something. Then when it was time for nominations for the annual election; the previous resigned President put his name on the ballot along with the Present President(former VP). So all we had on the ballot were these two people. Our by laws state "the affairs of the Corporation shall be managed by a Board of not less than three Directors". We attempted to have two election and both time we did not have a quorum (in person and with proxies). By Robert's Rules do we really have a homeowners association board? Can the HOA be dissolved since we really do not have a complete board?

 

Thanks in advance

Link to comment
Share on other sites

By Robert's Rules do we really have a homeowners association board? Can the HOA be dissolved since we really do not have a complete board?

 

The mere fact that there are vacancies on the board doesn't mean you don't have a board. At worst, the board wouldn't be able to achieve a quorum until some of the vacancies are filled (which, of course, they should be as soon as possible). It's also very unlikely that vacancies on the board would (or should!) result in the dissolution of the association. That's much more likely to be a legal action than a parliamentary one.

Link to comment
Share on other sites

The mere fact that there are vacancies on the board doesn't mean you don't have a board. At worst, the board wouldn't be able to achieve a quorum until some of the vacancies are filled (which, of course, they should be as soon as possible). It's also very unlikely that vacancies on the board would (or should!) result in the dissolution of the association. That's much more likely to be a legal action than a parliamentary one.

I appreciate your reply............but it is now August 2014 - the last election was June 5th. We have asked homeowners with a mailing - if anyone interested in being the Sec/Treasurer to submit their name - gave them like 5 weeks - nothing............if homeowners are not interested in the HOA - would a petition start the legal portion? Meaning if there are 67 homeowners that sign a petiton to dissolve the HOA; would that get the ball rolling?

Link to comment
Share on other sites

Dissolving an HOA simply because you've gone a few months with vacancies on the board seems pretty extreme. But you may need the services of an attorney more than a parliamentarian. More serious, I think, than vacancies on the board are vacancies in the offices of secretary and treasurer.

 

On the other hand, the mere threat of dissolving the HOA may indeed "get the ball rolling".

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...