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IvyT (Georgia)
Posts: 11
Posted:
We recently had a BOD election (our first BOD.
My question is now we are trying to form our HOA association which I believe is seperate from the BOD, can the BOD hold the office of President, Vice President, Treasurer and/or Secretary would this be a conflict of interest?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ivy,

The Association is ran by the Board and Officers. The Board of Directors, typically elected by the membership, makes the decisions (how much are the assessments, should we repair this or that, etc.) for the Association. The Officers, typically appointed by the Board of Directors, carry out those decisions (pay the bills, collect the assessments, maintain the records, etc.).

It's customary that some (if not all) of the Officers are appointed from amongst the Directors. Basically the same individual wearing two hats. There would be no conflict of interest when this happens.

Hope this helps,

Tim

SusanW1 (Michigan)
Posts: 5,202
Posted:
Ivy - any board must have an HOA to govern over. They are elected to run the HOA.

So you cannot set up another HOA for the same homeowners.

Are we understanding your question?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
HOA stands for HOMEOWNERS ASSOCIATION. It means ALL the owners in association with eachother have agreed to live by certain adapted rules - CCR's and By-laws. The BOD is elected from those homeowners to represent them on an everyday basis in runnning the HOA. That way the regular HOA members don't have to run the business of the HOA they are represented instead.

Do you have CC&R? Those are the Convenants and Restrictions. They should be on file at the Records department of your local court house. You also should have a Articles of Corporation which is filed at the State level. That will determine your HOA's status of non-profit or for-profit. Plus it shows your HOA is incorporated.

A HOA isn't a separate entity. It is YOU and your neighbors. There is no "They or Them". So once you get that concept down you real realize your already in a HOA and a member...

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Maybe they are setting up their own group to combat against the people in power. Although the "group" will have no power, they could be very powerful in getting their own people elected into officer/board positions. If your going to overthrow your board/officers you need to get organized and form a group.

So if this is the case, I agree.

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