HOA Question Regarding Serving on the Board. UPDATE Post #17

[Albort]

I... would speak to a lawyer before i just not show up for the meeting...

 

[Northstar]

This is correct information.

The directors are responsible for holding the Annual General Meeting and making sure that an election is held. This is part of the responsibility that you accepted when you agreed to serve on the board.

I have to say again, you should not have directed your letter of resignation to the property manager. It is the other board members, and ultimately the members of the HOA, who make decisions about electing board members.

It's as if your boss at work came to you and said, "Hey, I've decided not to be your boss anymore. You'll have to find a new boss."
Boss = board of directors. Employee = property manager.
The people who can hire a new boss = members of the HOA.

If you want out, send a letter to your fellow board members saying that you will not accept election to another term. And start organizing your next Annual General Meeting to ensure that there is a quorum present to elect new board members.

This is the reason I said, in my first post, that you were misinformed about what you'd taken on in agreeing to serve on the board in the first place. You have responsibilities and are answerable to the membership of the HOA. If you just stop doing the job and don't let the HOA members know that there's no one out there looking over the finances and making decisions, you could be held liable if the property management screws up or makes off with the HOA's money.

 

[Julylady]

I was on my HOA board for a three year term. Four months before my term ended I wrote a letter saying that as of July 2012 I would no longer be able to serve on the Board. I was told by another Director that it was customary to find my own replacement. I actually thought she was joking. I just laughed. As of July 1 the Board had taken no steps to try to replace me. I just stopped attending the meetings. They have taken me off the email list, though, so they know I am not planning to attend!

 

[sparklynails23]

Send the president of the board a certified letter of resignation.

 

[mickeysgal]

You're going to have to move.


What are they going to do about it if you just don't go to the meetings anymore? It's an unpaid, volunteer position - yet has fiduciary responsibility attached.

What do the bylaws say? Go through the proper notification of servicing notice that you are not coming back and that you've served to the end of this year's term. This way you're removed yourself formally from your fiscal responsibility.

 

[rgf207]

I spoke to a lawyer yesterday. He said to write a certified resignation letter to the association. That's all I have to do. I can't be forced to serve.

I will be sending the letter today.

 

[sparklynails23]

I spoke to a lawyer yesterday. He said to write a certified resignation letter to the association. That's all I have to do. I can't be forced to serve.

I will be sending the letter today.

Does that make me a DIS lawyer, because it was only a guess.

 

[usnuzuloose]

No body can make you do anything. I would write and say the same thing. What are they going to do to you?

 

[mickeysgal]

No body can make you do anything. I would write and say the same thing. What are they going to do to you?

An HOA organization is a legal, IRS entity. When you serve on a board that involves finances - even in a voluntary, unpaid position - you have a fiduciary responsibility to that organization. He/she needs to extract themselves in the correct manner or else if something happens money-wise, they can be held responsible as an officer of that board.