Reader Questions - Nobody Will Serve

board members h o a homefront reader questions Aug 26, 2013

Dear Kelly,

My husband is president of an HOA with less than 20 townhome units. Although the bylaws prohibit any president serving over 4 years, my husband has served 8 years as no one is willing take over the job. Further, there are no other board members, despite my husband’s pleadings for assistance from residents, there is complete apathy; no one has come forward to help on the board so he has to do everything (we have a management company that collects dues but nothing else) including repairs as there is little money to spare. We understand that if there is no board, the state will take over. What is the procedure to contact the state if my husband decides to quit?

Frustrated,

L.E., Lawndale

Dear L.E.,

No wonder you are frustrated. Your husband is working for free, as the unpaid manager. That is unfair, and unwise. The Corporations Code allows him as a sole director to do one thing – appoint enough directors to get to a quorum. Your small HOA only should have 3 directors. If you have more, amend your bylaws.

He should not be making decisions on his own, as without a board there is no corporate decision.. only him.

The state will not take over your HOA if nobody will serve – but the bills won’t be paid, and the property will deteriorate until a lawsuit wakes everybody up.

Soon as you have at least enough directors for a quorum, hire a full service property management firm, and stop your husband from working for free. Some people may not wish to volunteer because they can’t match the hours he gives to the HOA.

Hoping you get your spouse back soon,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.