Can member of the board resign and then be given a leave of absence?

Our Secretary gave their resignation and then the President of the board said that he would give him a leave of absence and be a 'Friend of the board' and continue to do the duties of the Secretary, take meeting minutes and other duties the Sectary did. Can the President do this, it was not noted in the minutes that the board motioned this and voted on it but like it was just said and done. The Secretary must have had reasons to resign and has said that he does not have the time to do the job. From what I have read the President is there to manage meetings, sign documents and the usual duties of a President and cannot be the end all decision maker.

thanks
Dan

Tim,

We have had members of the community volunteer to do this, but the BOD President has ignored their requests and tends to do his own bidding. We are going to bring this up at our BOD meeting tonight. Other community members feel the President is trying be autocratic; ignores other BOD members and his way is the only way.

Tim

He resigned from the board and as secretary. The President made him a "Friend of the board" (from the minutes of BOD meeting) and he has volunteered to take the minutes at meetings; apparently he hasn't done a good job at that since minutes do not contain motions, vote tallies and results as per Maryland HOA laws. Plus the BOD is missing many months of minutes from the past three years. Quite a mess we have right now.

Dan

Sounds to me like the president isn't "trying" to be autocratic; he IS autocratic.

Owners who aren't directors may serve on our Board too, but, per our bylaws, the prez & sec'y cannot be the same person because we need those officers' two signatures on checks.

I can't imagine that your bylaws say that the prez has the authority to appoint officers!! Nor your state's corporations code. I feel pretty certain that the board must elect officers.

Read your docs: Do they allow for a director's "leave of absence"? Do the mention someone called a "friend of the Board"?

Are you on the Board, Dan? Whether you are or aren't, it sounds like you need to combine with others to get rid of th president.

How many are on the Board? Are they all afraid of this president?

The only position that can hold a dual position is the Treasurer;they can be both the treasurer and Secretary.

Our docs do not contain any 'leave of absence' if you resign, you are gone, Maryland State Law supports this also. And definitely there isn't any mention of a "Friend of the Board"

I am not on the BOD but my wife was just elected in, we are trying to get the Associations BOD in compliance with our By-Laws and MD State Laws. We are going to our first BOD meeting tonight since the election. We are going to challenge the "Friend" position who will take the minutes (the minutes have not been in compliance with MD law for years) Minutes should reflect motions, vote tally's and results; from the minutes I have seen for the past five years this hasn't been done. The BOD has not followed election protocol for many years, they haven't formed a nomination committee which is in our by-laws, they haven't announced BOD meetings which is Maryland law so that the community can attend and speak, they only ones the community is aware of is the annual meeting. We have a mess here right now and some of us are trying to get the right info and get things straight. Our website is out of date and we are paying for it and email; I am trying to get them to go to the 21st century and use something that is free, they are wasting association's money but not even listening to me or others. I feel that they have done a dis-service to the community and should be removed from the board.

We have a BOD of four, should be five, they let the last position slip through the past year after the Sec resigned, that position should have been in the election this year. We have 177 homeowners.

This is a good ole boys backroom network, where they have had a president resign and before that fact added someone to the board as an officer at large and then they appointed them to take the president's position; same for the vice-president.

There is a lot more of facts that we have gathered than what I put here.

That is how we feel and read it.

It is too late to add to the agenda.

1. TThe BOd has not really put out a newsletter, got one for June, and the one before tht was October.

BOD communication with the community is very lacking.

2. We have had volunteers but they have been ignored.

If it isn't the Presidents way the no way.

I feel that I have a good start here and am glad that I am getting responses; wish I had found this discussion board earlier. I hope to continue to receive information here, it seems to be really helpful. I'll post an update tomorrow on how the meeting goes tonight. and if there is request for more information I will post it.

Thanks for the support.

I think I might go ahead and speak at the BOD meeting and announce that the BOD is null and void. They have not followed the association by-laws or Maryland law for the elections. Our by-laws require a nominating committee, this was never done per the BOD decision. And if the BOD is null and void then all actions the BOD have taken are null and void. From the minutes I have seen they haven't documented all of these in the proper method per Maryland Homeowners Law, motion, votes and tallies. I had checked with the Maryland Homeowners Association and asked if anything passed by the BOD was legal; association fees increases, etc. since they do not have the documentation to back it up. The response I received was that it was 'illegal', to go to the Consumer Protection Board of the Attorney General and file a complaint and then I would probably have to sue.

This will be more than a warning shot over the bow but I am anxious to see how they react.

Dan

You wife was elected not you. I believe your attitude and actions will soon marginalize her.

I suggest you slow down a bit.