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LaverneB (Florida)
Posts: 79
Posted:
How long after the President resigns do we as a BOD have to re-place that person?Our VP does not want the postion.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
then the VP does not want the duties of a director

assuming the BOD elects the officers from amongst themselves, any director assumed the (potential) responsibility of any officer when they accepted a director 'slot'

one does not 'cherry pick', one either serves or one does not

y'all would be better off with a totally new board as y'all appear dysfunctional

READ AND UNDERSTANT your corporate bylaws AND corporate state law

OR

do not volunteer

TOUCH LOVE IS STILL LOVE
LaverneB (Florida)
Posts: 79
Posted:
I did not need a lecture John B all I was looking for was a quick, simple answer. PS maybe you should learn the correct wording. y'all is not used when writing a respose.
LaverneB (Florida)
Posts: 79
Posted:
sorry correct spelling is response
JonD1
Posts: 2,350
Posted:
Quote:
Posted By LaverneB on 04/27/2014 8:15 AM
How long after the President resigns do we as a BOD have to re-place that person?Our VP does not want the postion.

laverne

IMO the VP is under no obligation to assume the role of President.

I would doubt there is some time frame by which the Board needs to fill that position.

Can the Board function without a President? Well what option would you have?

Although it is an unfortunate situation the Board needs to continue their duties while searching for a replacement when that replacement serves the needs of the Board and the community.

Regardless of time.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
VP's do NOT step into the role of President in a corporation/HOA. That's in government. If you read the descriptions of each position you will find the VP's job pretty simple. It's to take over the meetings if the president can not make it NOT to take over the position when they leave. Ironically, if you read the President's description it will also state they can not do the job of the Secretary. Which is to take meeting notes and post them.

I'd suggest reading the duties of each position and then seeing if you can appoint someone to the position. In my HOA we could not appoint. We had to wait till the next elections to have someone voted in. Which meant the board had to be elected first and then voting amongst the board to pick the president. This worked as long as someone else had signatory rights to the checks until we could make it to next elections.


Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JohnB26 on 04/27/2014 8:26 AM

TOUCH LOVE IS STILL LOVE

No need to get touchy feely over this
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Laverne

Typically your Bylaws will cover how to fill a BOD vacancy. Usually the BOD will have to agree on the person filling the vacancy. Their term will either be until next election or the remainder of the term of the person they are replacing. In some Bylaws, you may not have to fill the vacant position at all. Just let it remain vacant until the next election.

It is my understanding the newly appointed person does not assume the position of the person they are replacing such as President in your case.

Once you all decide what to do, then I suspect the BOD will hold an election for new officers or for maybe just a new President.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Laverne,

The duties of the VP is typically to fulfill the duties of the President when the President is not available.

FL 617.0840 requires such Officers as are named in your articles of incorporation. In order to comply with the statute, the Association should have those officers. Typically, these include the President, VP, Secretary and Treasurer.

Additionally, your governing documents may limit the number of Officer positions an individual may hold at one time.

If your VP doesn't want to perform the duties of President or is only willing to perform them until one is assigned, it appears that you need to find someone as soon as possible to fill the vacant seat or reassign the current officer positions so you are in compliance with applicable law and your governing documents.

To me, expecting that you meet monthly, as soon as possible would be within 3 month (can be sooner and, if possible should be within 2 months).

Month 1 - Resignation announced
Month 2 - Solicitations for someone to fill the position
Month 3 - Board votes to fill position based on responses (or lack of responses)

CarolR11 (Colorado)
Posts: 2,563
Posted:
Check your bylaws, Laverne.

With Jon & Melissa, the VP does not automatically become the president. But the VP should preside at meetings until you choose a president. If the VP doesn't want to preside, the Board should elect someone else from among themselves to act as meeting chair. The board itself elects a president usually from among the directors.

The board also should encourage homeowners to fill the vacant director position and often chooses him/her at the next open meeting of the board. If, however, you're very close to your annual election, you may wish to wait until that meeting.

Some bylaws, mine, for instance, state that if the board refuses to fill the vacant director position, the homeowners can call a meeting and elect someone.

How many directors should you have per your bylaws, Laverne? How many do you currently have? What are the officers you're required to have? Don't any of the current directors want to be president? Or doesn't a majority of the Board want any existing director to be president? Can some officer positions be held by th same person.

(Melissa repeatedly is baffled about why the Pres. & Sec'y usually can't be the same person. I believe the answer is that in most if not all HOAs, both must sign the meeting minutes.)

Often the prez doesn't have much to do except preside at meetings and sign contracts & checks IF you have a property manager. If you do not have a PM, the prez has more duties as spelled out in your bylaws. Still, most decisions are made by the board, not the president.

I agree, Laverne, that JohnB was way out of line.

CarolR11 (Colorado)
Posts: 2,563
Posted:
My reply crossed with JohnC46's & Tim's. JohnC makes a good point that your board may not have understood. Whoever fills your board vacancy need not at all be the next president. In fact if new to HOA governance, you probably don't want her/him to be president.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
"You all" missed my point:

the directors elect a president from amongst themselves

any 'director at large' may be called upon to fulfill any officer's position by 'board' vote

if a director is not willing to step up and serve they should NOT be a director

directors should not 'cherry pick' their work assignment

all the above is subject to the corporate bylaws and state law

the existence of the issue proves the disfunctionality of the 'board' in question

Y'ALL HAVE A NICE DAY
LaverneB (Florida)
Posts: 79
Posted:
Thank you all for some good information on this

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