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DorisW (Florida)
Posts: 24
Posted:
Does the acting President of a Condo Association have
ALL the Powers of the President?

If my ByLaws say "appointing committees" and "appointing committees" was told by me on this board to mean can appoint someone to committee or remove a person from a Committe at Will. Would I have the Power to Remove someone from a committee if I am the acting President due to a resignation?

Responses kindly,
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Doris:

The acting President has the powers until replaced by any other authority superseding. The president resigned and you were the VP (the duty of VP is to replace or act on behalf of President as needed), due to resignation you are now the Acting President of the association. (Now I have not looked at Robert’s Rules of Order which can be adopted by FL HOA’s to follow.) If your association has adopted, then potentially you may not be considered “acting President” but instead the actual “President” until or unless voted otherwise by a majority of the presiding Board.

LOL … lets look at another aspect of the situation in which the committee you are referencing in a previous posting you stated was a committee of one individual. If it is just one person then:

617.0825 Committees.—

(3) Each committee must have two or more members who serve at the pleasure of the board of directors. The board, by resolution adopted in accordance with subsection (1), may designate one or more directors as alternate members of any such committee who may act in the place and stead of any absent member or members at any meeting of such committee.

ONE (1) individual does not constitute a committee.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Doris,

I don't understand why you keep referring to yourself as the "acting" president. Unless your documents specify otherwise, you ARE, the president, unless, and until, the majority of your board decides to replace you.

Unless your state laws or bylaws specifically state how a vacancy in the office of president is to be filled when the president resigns, then generally you should follow parliamentary procedure. One example I posted in a previous thread on this topic.

Roberts Rules, 10th edition, on page 442: "In case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president."

Whether the "acting" president or the actual president, you HAVE THE SAME POWERS AS THE PRESIDENT as specified in your bylaws and/or the governing laws in your state.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Doris,

How many ways are you going to ask the same question about the committee?

Can the President Disband a Committee?

As an appointed VP, when the President resigned you were required to fulfill the duties of the President until a new President is appointed. Since you are fulfilling the duties of that office, you also have all the positional authority that goes with that office.

PLEASE, don't let that authority go to your head.

The thing to remember is that even if you have positional authority to do abc or xyz, decisions of an Association are to made by it's board. Common sense would warrant that you exercise positional authority only when an action can not wait for the next board meeting to have the entire board to vote on it.

If you want to play politics (some say dirty politics), reword the motions so a tie would approve a measure instead of defeating it.

Example:

Motion that committee abc be dissolved

Vote 3-1 motion passes - committee dissolved
Vote 2-2 motion fails - committee continues

Motion that committee abc remain in existence
Vote 3-1 motion passes - committee continues
Vote 2-2 motion fails - committee may not continue and thereby must be dissolved

NOTE: You will not win many friends and will probably get a reputation for being unscrupulous for doing this.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Doris - "Appoint committee" is not the same as appoint committee members.

After discussion on a topic, the board thinks a committee should be appointed. You officially establish the committee and appoint a chair. That chair usually gets members to be on the committee. As president, you could disband the committee or discharge it of its duties when it has fulfilled its duties.

What EXACTLY does your bylaws say about the POWER of the President and committees?

AnnJ1 (Florida)
Posts: 122
Posted:
Hi Doris....

As Bruce has posted to you (2x, I believe)..... you ARE the president. Hence, you have the "powers" as outlined in your docs. I don't like to think of them as "powers" and believe they are responsibilities/rights or privileges afforded. Semantics... I suppose

If the president resigns, then the VP doesn't simply take over his duties, he actually becomes the president (no "Acting" about it) unless your Bylaws expressly provide otherwise (RONR, 11th ed., pg. 458, lines 8-13). There is then a vacancy in the VP position.

10th edition addresses it on page 442

Ann
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Doris,

A picture is beginning to emerge here. As I have said before:

The BOARD runs the show. The president does not run the show. The chair of the so-called advisory committee does not run the show. The BOARD runs the show.

SO -

Normally, the president cannot create or eliminate committees. This is done either in the bylaws or by resolution of the board. The president MAY or MAY NOT have the authority to appoint people to committees (and therefore remove them) if the bylaws, or the board, gives the president that authority.

Standing committees (committees that always exist) are generally established in the bylaws. The bylaws should also state who may appoint members to those committees (and therefore remove them). It could be the president, it could be the board, it could be someone else. You would have to read your bylaws to find out.

Standing committees can also be created by the board. It's not generally a good idea to do it this way, but it can be done. In this case, you would have to find the minutes of the meeting during which the committee was created and read them. Hopefully, those minutes will tell you what the duties of the committee are, how the committee members are appointed, and by whom.

We can only advise you how things are generally done or how they are done in our own associations. This may or may not apply to your particular situation. You will need to do some more research and reading to find out what applies to you.

If this committee wasn't established in the bylaws, then I would assume it was established by the board during some meeting in the past. IF the board created this advisory committee, and IF the board appointed a particular person to chair this committee, then only THE BOARD can undo everything. It all depends on what you find in the minutes

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