A rogue board member is one who uses their authority outside of the jurisdiction of the board as a whole board. Often their actions do not serve the better good of the organization, but instead are based on a personal agenda.
Q. What happens when nobody runs for the HOA board?
“When there’s no board, usually the documents provide for the unit owners to go to court to have someone appointed to the board or to have a receiver appointed,” says Moskowitz. “You can take drastic measures to make sure a board is always in place.”
Table of Contents
- Q. What happens when nobody runs for the HOA board?
- Q. What makes a good HOA board member?
- Q. How do you deal with toxic boards?
- Q. What do you do with board members who don’t do anything?
- Q. How do you let go of a board member?
- Q. Can a director be forced out?
- Q. What are the powers of director?
- Q. What powers do shareholders have over directors?
- Q. Can a shareholding director be sacked?
Q. What makes a good HOA board member?
The best board members want to get to know their neighbors, enjoy building community, and take pride in the place they live. They put their community’s best interests first and seek to build long-term value for their community, both socially and financially.
Q. How do you deal with toxic boards?
Short-term treatment:
- Make sure that all board members are aware of their roles and responsibilities. Hold a special meeting or retreat to renegotiate them.
- Try to find out reasons the board member is not pulling his or her weight, particularly if this appears to be a new problem.
Q. What do you do with board members who don’t do anything?
Agree on a list of minimal expectations for every board member, and ask people to suggest how they might individually help as well. Be sensitive to possible health issues or personal reasons why a good board member isn’t participating as much as he or she has in the past. Transfer responsibilities to someone else.
Q. How do you let go of a board member?
Impeachment Your organizational by-laws should describe a process by which a board member can be removed by vote, if necessary. For example, in some organizations a board member can be removed by a two-thirds vote of the board at a regularly scheduled board meeting.
Q. Can a director be forced out?
The office of director may be vacated by statute, his or her death, or under a provision in either the Articles of Association of the company (referred to in this note as ‘Articles’) or a Shareholders Agreement.
Q. What are the powers of director?
Power Exercised by Passing Resolution at Board Meetings
- Make calls on shareholders.
- Authorise the buyback of securities and shares.
- Issue securities and shares.
- Borrow monies.
- Investing the funds.
- Grant loans.
- Approve the financial statement.
- Approve amalgamation/merger.
Q. What powers do shareholders have over directors?
Shareholders v Directors – who wins?
- to attend and vote at general meetings of the company;
- to receive dividends if declared;
- to circulate a written resolution and any supporting statements;
- to require a general meeting of the shareholders be held; and.
- to receive the statutory accounts of the company.
Q. Can a shareholding director be sacked?
Firing a director who is also a shareholder in the company is especially challenging. Shareholding directors’ additional rights means that if the removal is done unfairly, you could end up with a major claim against the other directors and/or shareholders personally, as well as the company itself.
