Wild Dunes Posted August 19, 2021 at 08:07 AM Report Share Posted August 19, 2021 at 08:07 AM Our HOA board oversees the HOA staff which includes a general manager, office and maintenance staff. We had a personnel matter arise whereby we responded to our GM's complaints about a staff's performance. The board met in an Executive Session and concluded that a letter with our decision would be sent to the GM. It was a unanimous vote that the members would review a draft of that letter, and subsequent drafts if necessary until the letter would be finalized. Our board president took it upon himself to compose the decision letter and release it without further consultation with the other members. Does the board president have this authority? This is not covered in our governing documents. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted August 19, 2021 at 12:14 PM Report Share Posted August 19, 2021 at 12:14 PM 4 hours ago, Wild Dunes said: The board met in an Executive Session and concluded that a letter with our decision would be sent to the GM. It was a unanimous vote that the members would review a draft of that letter, and subsequent drafts if necessary until the letter would be finalized 4 hours ago, Wild Dunes said: Our board president took it upon himself to compose the decision letter and release it without further consultation with the other members. 4 hours ago, Wild Dunes said: This is not covered in our governing documents. The president has such authority as is provided for in the bylaws. If those powers do not include reversing board decisions and substituting his own judgment, then almost certainly not. However, without reviewing your bylaws, I can't say for sure what powers the president has. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted August 19, 2021 at 02:24 PM Report Share Posted August 19, 2021 at 02:24 PM Agreeing with Mr. Katz, unless your bylaws contain a provision giving the president the authority to override decisions of the board, it appears to me that he acted without authority in sending the letter without final review and approval by the board as was apparently required by the adopted motion on this subject. What, if anything, the board or the association does about it is up to the board and the association. Your options range from doing nothing to private discussions with the president to a formal motion of censure and even to possible removal from office. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 19, 2021 at 07:37 PM Report Share Posted August 19, 2021 at 07:37 PM 11 hours ago, Wild Dunes said: It was a unanimous vote that the members would review a draft of that letter, and subsequent drafts if necessary until the letter would be finalized. That sounds open-and-shut to me. The minutes should provide clear proof. The question for the board is what discipline, if any, to impose. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted August 19, 2021 at 08:16 PM Report Share Posted August 19, 2021 at 08:16 PM 37 minutes ago, Gary Novosielski said: That sounds open-and-shut to me. The minutes should provide clear proof. The question for the board is what discipline, if any, to impose. I agree. The chances of the bylaws giving the president the authority to ignore board directives is so remote as to hardly be worth mentioning. Quote Link to comment Share on other sites More sharing options...
Wild Dunes Posted August 26, 2021 at 09:26 AM Author Report Share Posted August 26, 2021 at 09:26 AM Thanks to all for your helpful information. Quote Link to comment Share on other sites More sharing options...
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