Kathleen Young Posted July 25, 2010 at 02:34 PM Report Share Posted July 25, 2010 at 02:34 PM A motion that contained a deadline for action by the board of directors was passed at an annual meeting of a private organization. The board failed to respond by the deadline. There is speculation that the board has no interest in addressing the motion. What actions can the association take to force the board to comply with the motion? Link to comment Share on other sites More sharing options...
George Mervosh Posted July 25, 2010 at 04:12 PM Report Share Posted July 25, 2010 at 04:12 PM Why? Are they claiming they have exclusive rights given to them by the bylaws in this particular matter, or do they just not care? Link to comment Share on other sites More sharing options...
Josh Martin Posted July 25, 2010 at 05:39 PM Report Share Posted July 25, 2010 at 05:39 PM A motion that contained a deadline for action by the board of directors was passed at an annual meeting of a private organization. The board failed to respond by the deadline. There is speculation that the board has no interest in addressing the motion. What actions can the association take to force the board to comply with the motion?Threaten to remove them from office if they refuse. Follow through on that threat and replace them if they continue to refuse. (FAQ #20) Unless the board is granted exclusive authority in this area, the board must carry out the instructions of the general membership. (RONR, 10th ed., pg. 466, lines 9-12) Link to comment Share on other sites More sharing options...
Kathleen Young Posted July 27, 2010 at 02:17 PM Author Report Share Posted July 27, 2010 at 02:17 PM Threaten to remove them from office if they refuse. Follow through on that threat and replace them if they continue to refuse. (FAQ #20) Unless the board is granted exclusive authority in this area, the board must carry out the instructions of the general membership. (RONR, 10th ed., pg. 466, lines 9-12)Thank you for the reply. The board has not been granted exclusive authority to do as they please. They are bound by the assembly's decision. I just wasn't sure what the next step would be by the community if the board failed to act on a passed motion in the time allotted. I have bookmarked the FAQ; it is a most useful site. Link to comment Share on other sites More sharing options...
Kathleen Young Posted July 27, 2010 at 02:22 PM Author Report Share Posted July 27, 2010 at 02:22 PM Why? Are they claiming they have exclusive rights given to them by the bylaws in this particular matter, or do they just not care?Thank you for your reply.There is the sense that the board is acting on behalf of the entire community because they are the leaders of the corporation (Property Owners Association) and are authorized to make decisions that may not necessarily reflect the will of the people. Inaction seems to be one way the board chooses to function in order to accomplish their mission of not fulfilling obligations to the community. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 27, 2010 at 02:40 PM Report Share Posted July 27, 2010 at 02:40 PM Thank you for the reply. The board has not been granted exclusive authority to do as they please. They are bound by the assembly's decision. I just wasn't sure what the next step would be by the community if the board failed to act on a passed motion in the time allotted. I have bookmarked the FAQ; it is a most useful site.Thank you for your reply. There is the sense that the board is acting on behalf of the entire community because they are the leaders of the corporation (Property Owners Association) and are authorized to make decisions that may not necessarily reflect the will of the people. Inaction seems to be one way the board chooses to function in order to accomplish their mission of not fulfilling obligations to the community.Seems like Board and the assembly need to be reminded of this. Check your constitution/bylaws and other governing documents to be clear on what powers the Board has been given. Anything not in there belongs to the assembly, and they need to step up.And I think they need a new mission statement. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.