Electing Board President

Started by RichardD • 7 replies • 2356 views

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RichardD (North Carolina)
Posts: 66

Posted:

Our condo association bylaws state that the unit owners elect board members and the board members elect their officers. This seems to be a fairly consistent procedure throughout most associations. This procedure leaves the door open to unethical, if not downright nasty, conduct by a few members with "other than honorable" intentions.

Why not allow the owners to elect the president at their annual meeting? The board could then complete the election of their officers at the organization meeting. Wouldn't this assure fair election of the president rather than at the whims of 3 or 4 board members? Does anyone's association elect a president by this method?

SheliaH (Indiana)
Posts: 6,964

Posted:

Given the problem most associations have with getting people to attend annual meetings to even vote for board members (let alone the officers), this is not a good idea. Ideally, everyone elected to the Board are deemed competent and honorable people by the homeowners who elected them - if you think there are 3 or 4 board members with their own agenda that's not beneficial to the entire association, don't elect them.

Since the president has a huge stack of responsibilities, one would hope board members pick the person who's most capable of doing the job. If after electing the president he or she does something illegal or unethical, do a recall. The vice president would then take over or the board may pick another member as president.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RogerB (Colorado)
Posts: 5,067

Posted:

Richard, there are many good reasons to have the Board members elect the officers. I am aware that some HOAs do elect officers as well as Board members at their annual meeting but my recommendation is to not change your current procedures.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Our HOa elects the officers first, then 5 additional board members by the members at the annual meeting.

What a mess. One year we almost could not find someone to run for secretary.

Often if someone does not make it to an officer position, he/she is passed over as a regular board member. We have lost really good people that way.

The board elected officers seems to be the best thing. After all, they have to work together.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Richard,

Your right, this is the typical procedure for most Associations. The difference behind the two titles is:

A Director is an elected member of the Board. The Board is the decision makers of the Association. They decide who to award the contract to, how the money will be spent, etc.

An Officer is typically appointed by the Board and serves at the pleasure of the Board. The Officers of the Association implement the decisions of the Board and carry out the day to day tasks of the Association (collecting assessments, paying bills, filing taxes, etc.).

It requires a membership vote to remove a Director. However, it only requires a majority vote from the Board to remove an appointed Officer. If the membership elected the position of President, then the Board would not be able to remove the individual if they turn out to be "unethical". Basically, the hands of the ethical members of the Board would be tied because the unethical person was elected into that office. However, if they were appointed to office the ethical members of the Board would be able to limit the authority the unethical person has by removing them from the office. The membership would have to remove them from the Board but until that happens the remaining board members could always outvote or refuse to second any motion the unethical individual made.

No matter what procedure is used, it's really up to the membership to keep the unethical activity from happening. If the membership regularly attend board meetings and volunteer for committees, it's harder for any unethical activity to occur as most unethical people prefer to do unethical activities out of view. If the unethical activity did occur, it would be quickly discovered by an active membership.

Tim

RichardD (North Carolina)
Posts: 66

Posted:

I appreciate some very good responses on this topic. I also appreciate that some of this groups heavy hitters weighed in. I respect your opinions and follow this group daily.

My concerns stems from the number of board members (like myself) that are asking this group for help in dealing with power abusing board officers, usually the president. I have found that these types usually have a following of 2-3, but just enough to control the board. My thoughts were along the lines that if a person is well liked in the community, or has been doing a good job as an incumbent president, the unit owners are more likely to elect or re-elect that person than the 2-3 board members that are on an ego trip.

At any rate, thanks for all the input. This is a 1st rate group.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 06/29/2011 4:19 PM

No matter what procedure is used, it's really up to the membership to keep the unethical activity from happening. If the membership regularly attend board meetings and volunteer for committees, it's harder for any unethical activity to occur as most unethical people prefer to do unethical activities out of view. If the unethical activity did occur, it would be quickly discovered by an active membership.

Tim

As always very wise advice. Also advice I tell our HOA members along with others in surrounding subdivisions who have any issues. Potentially the pot only bubbles over and becomes a problem when not properly watched by all concerned parties.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Richard,

If the board elects the president, then the board can also "unelect" (remove) the president from office in the manner specified in the bylaws. However, if the president has enough "friends" on the board to control the board, this is not likely to happen.

On the other hand, if the general membership elects the board members, as is the typical case, then the general membership can remove the offending president as a board member, again, as provided for and in the manner prescribed in your bylaws and/or other governing documents. In most cases that I'm aware of, the president must be a board member. Hence, no longer a board member, no longer president. Since the "president" no longer meets the requirements to be president, he's outta there.

Note this doesn't always work. If your documents don't require the president to also be a board member, removing the president from the board won't remove him/her from being an officer. You also have to get enough votes of the general membership to do it.

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