The Board CAN control the President
The Board of Directors seems impotent when it comes to controlling the President of the HOA.
Why does this state of affairs continue?
Upon information and belief, members of the board are not allowed to contact the HOA's attorney. Only the President can do so.
Who says? (The President says so.)
On the one hand, it is good that six (should be seven) are not all contacting the attorney for advice. The legal bill would go out-of-sight.
On the other hand, when members of the board have questions about legal issues and can't get answers, is the HOA at risk of increased liability and expense?
The biggest issue is probably the lack of legitimate Voting Members, because the Board of Directors is not helping the 28 Neighborhoods to comply with the By-Laws by holding Annual Neighborhood Meetings. Only one Neighborhood has a legitimate Voting Member. The President disbanded the board's Neighborhood Committee as one of his first acts.
Of course, the BOD can prove me wrong by asserting that it has documentation of recent Neighborhood Meetings and elections of Neighborhood Committees and Voting Members.
I believe the office has that documentation for only one Neighborhood - Barony Place.
SOLUTION: If members of the BOD want legal opinions, a board member should make a Motion at a monthly meeting for the President to query the HOA's attorney for a written opinion on a particular issue. After Second and a majority vote to approve, the President would be bound to do that.
If he doesn't, then the BOD should elect new President. That wouldn't remove the President from the BOD; he would revert to being a Director (only). But then he might act as Vernell Butler did, when he was not re-elected as Treasurer last November. Vernell quit.
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