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AlanK (Tennessee)
Posts: 9
Posted:
Could I please get a crisp difference between the two?

Our Board has the authority to assign non-Board Members Officers, that makes sense, but, they are letting those officers vote on motions during the Board meeting, that does not.

By Laws at http://www.brookfieldinbrentwood.com/ByLaws.html

Thanks.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
AlanK,

I need some more info. How many Board Directors are there, and how many officers are there that are not Directors? Your by-laws say there should be 5 Directors.

I'm also curious why your by-laws permit non owners to be on the Board?

GeraldT1
NNJ
WilliamT (Arizona)
Posts: 489
Posted:
Posted By GeraldT1 on 01/28/2007 8:23 AM

AlanK,

...I'm also curious why your by-laws permit non owners to be on the Board?

GeraldT1
NNJ


Gerald, if it's like our Bylaws it's because they were written so that the developers, who are not members of the community could be on the initial board until the new board was established. The Bylaws just haven't been revised.

Just like other things such as, No For Sale Signs may be erected, except as in the paragraph xx.xx, which states that only the builders may erect for sale signs to sell the community houses.

Those sections actually become obsolete after transition. So it may be "possible" that an HOA attorney could give an opinion that the intent of the non-member section was for the builder, and after transition the Board can rely on the intent, and prohibit non-board members. On the other hand the opinion could be that you're stuck with it until it's amended.

If the latter were the case, then that would also mean no one would be allowed to put a home for sale sign in their yard until that section was amended.

It would be wise to consult an attorney about amending the section if it becomes a problem.

RogerB (Colorado)
Posts: 5,067
Posted:
Alan, according to your By-laws:

A Board member is a member of the Board of Directors who is an association member. They manage the association using the powers and duties specified.

Officers are the titled persons who are assigned specific duties which are defined by the By-laws. The President and VP must be Board members; the others officers, such as Secretarty and Treasurer, are not required to be Board members or even members of the association.

Only your Board members are authorized duties and powers and have the right to vote at Board meetings.

I don't like your By-laws; I prefer to have all Board member and Officers be members of the Association. Perhaps they were written in this manner by the Developer for their convenience and/or to allow the managing agent to do the Secretary and Treasurer duties. This could have been accomplished by simply stating: "The duties of the officers, which are delegable to other persons or the managing agent, are as follows"

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