Small HOA in Delaware

Started by GaryW5 • 7 replies • 1407 views

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GaryW5 (Delaware)
Posts: 3

Posted:

I am part of a 4 unit condominum association in Delaware. No unit owners are willing to serve on the board (we require 5 members per our bylaws). I was wondering if I can serve as all five Officiers: President, VP, Secretary, Treasurer, Asst. Tresurer. The Bylaws do not discuss this topic. Thank you.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your bylaws say 5 members. Do they have to be owners?
If you had 5 members then I don't see why you'd have to assume total directorship.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Check your state's HOA or non-profit corporation laws to see if one person can assume role of all officers. In some states, you can't.

GaryW5 (Delaware)
Posts: 3

Posted:

Homeowners OR DE resident. Nobody else wants to be on Board.

MaryA1 (Arizona)
Posts: 388

Posted:

Gary,

I find it interesting that your bylaws call for a 5-member BOD when there are only 4 units in the assn. However, I do not believe you can serve in the capacity of all the officers. If the other 3 members do not want to serve on the board and no one objects to you serving alone, then I would say you should assume the title of Pres. Then I would suggest you hire a mgmt co to assist you in running the assn, mainly collecting the assessments and performing all the financial duties. If there would be a need for a board meeting,the mgt co could also provide someone to take the minutes. This will mean that the assessments will be higher but it will also provide you with some assistance. And, who would be able to complain except those who are NOT willing to do anything!

BrianB (California)
Posts: 2,820

Posted:

unless bylaws or state laws prevent it, yes you can be all the officers. as the only member and officer, you can even create a few more, if you wish. Grand Potentate has a nice sound.

I don't recommend it (i did it for years, and even then, i cajoled someone else into doing the treasurer/bookkeeping, just so i didn't have a finger in every pie). But i can certainly feel for you, having been in a board that no one else wished to join.

GaryW5 (Delaware)
Posts: 3

Posted:

Thank you to everyone who took time to respond. I appreciate it!

Many Blessings, Gary

SusanW1 (Michigan)
Posts: 5,202

Posted:

Gary - for personal liability, I would bring in an accountant or bookkeeper in some capacity.
You want another set of eyes on the books, for your own protection.
Make sure you send all members monthly financials, even if they don't care.
Keep yourself in the sunshine, during this one-person rule.

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