Authority to terminate

[Guest guest Ken]

I am a newly elected President of a HOA. I have been a board member for 5 years in other capacities. In those other capacities I had the power to terminate contactors that I supervised. I have fired three maintenane contractors in the past.

I have several problems with a newly hired PM that just started but was hired by the previous board. Today he refused to anser my questions about why he was not getting back to resident's requests - saying " I don't have to answer to you".

Without boring you with details I have documented proof of his failure to provide the services in his contract. In addition he was unprofessional, rude, got up and walked out of our meeting. I asked him if he was going to keep his appointments with two people he was schedueled to meet with at 1/2 hour increments after our meeting. He said no " give me notice as I don't want to work for you people anymore anyway" and stormed out.

Obviously, I want to terminate him. A couple members of the board feel that it should be a board vote.

2/3 of the board want to terminate him. It would cost a $1,000. to wait until the next board meeting to vote & give notice.

Our governing documents do not mention this topic and are vague as to the duties of President.

Can I terminate him on my own? Does RONR have anything on this topic? If so, I have 10th editin & brief. Please direct me if there is any mention.

Thanks for all your help here on the forum.

[Gary Novosielski]

I am a newly elected President of a HOA. I have been a board member for 5 years in other capacities. In those other capacities I had the power to terminate contactors that I supervised. I have fired three maintenane contractors in the past.

I have several problems with a newly hired PM that just started but was hired by the previous board. Today he refused to anser my questions about why he was not getting back to resident's requests - saying " I don't have to answer to you".

Without boring you with details I have documented proof of his failure to provide the services in his contract. In addition he was unprofessional, rude, got up and walked out of our meeting. I asked him if he was going to keep his appointments with two people he was schedueled to meet with at 1/2 hour increments after our meeting. He said no " give me notice as I don't want to work for you people anymore anyway" and stormed out.

Obviously, I want to terminate him. A couple members of the board feel that it should be a board vote.

2/3 of the board want to terminate him. It would cost a $1,000. to wait until the next board meeting to vote & give notice.

Our governing documents do not mention this topic and are vague as to the duties of President.

Can I terminate him on my own? Does RONR have anything on this topic? If so, I have 10th editin & brief. Please direct me if there is any mention.

Thanks for all your help here on the forum.

Yes, you're new, aren't you?

You have only such powers as the bylaws, or the membership, grant to you. You certainly have no powers even remotely approaching those that you appear to be seeking, according to RONR. According to RONR, your powers are limited to presiding over meetings, and virtually every decision you make is subject to appeal, typically being decided by a majority of the board.

As a new president, it would behoove you to try to become familiar with the extent of your duties, and concentrate less on your powers, which are probably negligible.

[Guest Guest Ken]

Thanks Gary.

So I will add it to the agenda for the next board meeting. I'm pretty certain someone will make a motion to remove and there will be discussion and a vote.

How do I go about providing the documentation ( many emails ) to the board members? Is it okay to provide them to each member prior to the meeting. It would be impossible to do this at the meeting and too time consuming.

Please tell me the correct way to handle this if you can.

Your responses are greatly appreciated.

[Guest Guest Ken]

Thanks Gary.

So I will add it to the agenda for the next board meeting. I'm pretty certain someone will make a motion to remove and there will be discussion and a vote.

How do I go about providing the documentation ( many emails ) to the board members? Is it okay to provide them to each member prior to the meeting. It would be impossible to do this at the meeting and too time consuming.

Please tell me the correct way to handle this if you can.

Your responses are greatly appreciated.

[Josh Martin]

How do I go about providing the documentation ( many emails ) to the board members?

However you want.

Is it okay to provide them to each member prior to the meeting.

Nothing in RONR would prohibit it.

[hmtcastle]

So I will add it to the agenda for the next board meeting.

Just remember that the president doesn't set the agenda.

See FAQ #14.

[Gary Novosielski]

How do I go about providing the documentation ( many emails ) to the board members? Is it okay to provide them to each member prior to the meeting. It would be impossible to do this at the meeting and too time consuming.

Nothing wrong with providing information in advance. Just be careful that all members get the same information, or you'll find yourself in political ooze.

[Guest Guest Ken]

Thanks everyone. Really appreciate the replies.