Sometimes, HOA presidents need to be voted out

This article addresses questions I have received from my readers who are homeowners association board members or community homeowners who have issues with their HOA presidents. Some of the questions pertain to their presidents' attitudes and lack of proper communication skills, especially at board meetings. These may include rudeness, arbitrary decisions without board discussion or vote and refusal to place items on the agenda at the request of individual board members.

Most communities' governing documents allow membership to elect their directors, but then allow the boards to elect officers, including presidents. Sometimes, this can be an awkward situation, especially if some of the board members want to see changes as to who takes what positions on their boards. For many associations, the officers' elections are very informal, with the community manager or the president asking board members if they would like to be nominated for a position.

Sometimes, it is a challenge to get board members to even volunteer for officer positions. Too often, board members do not want to challenge an existing president (or any other position) unless he or she does not want to be president anymore. To help partially alleviate this uncomfortable situation, the community manager could, in advance, prepare a ballot or ballots listing all of the offices.

Don't be surprised if some board member resigns because he or she was not re-elected as an officer. This could be the reaction of the president, especially if that president has been in office for multiple years. And that is one of the primary reasons why board members who really want to replace the president do not take any action.

Sometimes, board members who would like to see their president replaced, are concerned they do not have enough votes to make the change and believe that if they "rock the boat" that some kind of repercussion could occur. It is an unfortunate fact that the president or other board members may be vindictive and go out of their way to make a fellow board member miserable. Please note, the board is not removing the president as a director, only the membership can recall a director. The board would be just removing the director as president.

President John F. Kennedy's book, "Profiles in Courage" talks about the one person who is willing to go against the grain of the many. In making a decision to replace an HOA president (or any officer), board members need to ask themselves some questions. Is the behavior of the president an item the board would want to see being displayed in the newspaper or on television? Is the behavior violating either governing documents or Nevada Revised Statutes 116 laws (or any other NRS laws)? If the HOA president is not removed, could you and other board members be held liable for his or her actions?

Benjamin Franklin used to list the positives and the negatives on paper prior to making decisions. This may be an informal method of helping your board members in making the hard decision of re-electing your president or electing another director as president.

One final point as to the removal of the president. Once any officer is elected, which usually happens at the HOA annual meeting, the board can remove that board member from his or her elected office any time during the year. Again, this would refer to removing the director as an officer, not as a board director. The board member still would maintain that position until his or her term as director was completed.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759, or she can be reached by email at support@hlrealty.com. Holland also is available to speak at your organization or company.