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AndersH (Arizona)
Posts: 30
Posted:
We are an 108-unit community in Arizona. Two new board members were elected at our annual meeting for our 3-member board. The new board decided to make our Community Manager the Secretary. Is that an acceptable practice? We have always had a board member as the secretary. Article VIII from our Bylaws (see below), seems to indicate that the President and Vice-President must be board members but this restriction does not apparently apply to the Secretary and the Treasurer. Does anyone have any experience or opinion on this?

Best regards,
Anders

ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 8.1. Enumeration of Officers. The officers of the Association shall
be a President and Vice-President, who shall at all times be members of the Board of
Directors,a Secretary and a Treasurer,and such other officers as the Board may from time to
time by resolution create
TimB4 (Tennessee)
Posts: 21,059
Posted:
I suspect that nobody volunteered for the job.

If you have concerns, perhaps you will volunteer for the position.

Being appointed as an Officer does not mean that the individual has a vote. Only Directors vote at Board meetings. An officer and a Director are two different things.

Now my personal concern is that, as Secretary, they are responsible for custody of the Associations files. I don't believe it's prudent to have the MC/PM to have custody of the files. Access, yes but not custody.
TammyI2 (California)
Posts: 3
Posted:
The way it started with us is the MC was the secretary, then she bought 2 units in the 16 unit association. She then got on the board as treasurer with her employee as secretary. She was also the real-estate agent for most of the units and held the proxies for them. The last meeting was in 2007 when the MC said each unit owner had to pay $5,000 for new sprinklers and 5 driveways as there was a law suit pending. She said she would take care of everything. The work was done by her family members and other meetings was never called as she was taking care of everything. (There was never a law suite.)

When we bought our unit in 2013 we were told the by the MC that the association had $32,000 in reserves. When we asked when the next meeting was we were told there were no meetings as she was the board.

To make a long story short, I spent many hours contacting the other owners and convinced them our association was breaking the law. We collected 1 small box of records out of the 15 she said was stored in her garage, they were just tossed in dating back to 1997 and $7,000 in the bank. Really no records, especially for the units owned by her and her staff (something about a computer virus in her system) except for the letters to one owner who was over 5 years behind in dues and payments. According to the current statement she gave us he was up to date. Bank deposits differ.

You can not believe the drama and we have only 10 owners!

DON'T GO THERE! How do you fire the MC who is on the board!
TammyI2 (California)
Posts: 3
Posted:
The way it started with us is the MC was the secretary, then she bought 2 units in the 16 unit association. She then got on the board as treasurer with her employee as secretary. She was also the real-estate agent for most of the units and held the proxies for them. The last meeting was in 2007 when the MC said each unit owner had to pay $5,000 for new sprinklers and 5 driveways as there was a law suit pending. She said she would take care of everything. The work was done by her family members and other meetings was never called as she was taking care of everything. (There was never a law suite.)

When we bought our unit in 2013 we were told the by the MC that the association had $32,000 in reserves. When we asked when the next meeting was we were told there were no meetings as she was the board.

To make a long story short, I spent many hours contacting the other owners and convinced them our association was breaking the law. We collected 1 small box of records out of the 15 she said was stored in her garage, they were just tossed in dating back to 1997 and $7,000 in the bank. Really no records, especially for the units owned by her and her staff (something about a computer virus in her system) except for the letters to one owner who was over 5 years behind in dues and payments. According to the current statement she gave us he was up to date. Bank deposits differ.

You can not believe the drama and we have only 10 owners!

DON'T GO THERE! How do you fire the MC who is on the board!
TammyI2 (California)
Posts: 3
Posted:
The way it started with us is the MC was the secretary, then she bought 2 units in the 16 unit association. She then got on the board as treasurer with her employee as secretary. She was also the real-estate agent for most of the units and held the proxies for them. The last meeting was in 2007 when the MC said each unit owner had to pay $5,000 for new sprinklers and 5 driveways as there was a law suit pending. She said she would take care of everything. The work was done by her family members and other meetings was never called as she was taking care of everything. (There was never a law suite.)

When we bought our unit in 2013 we were told the by the MC that the association had $32,000 in reserves. When we asked when the next meeting was we were told there were no meetings as she was the board.

To make a long story short, I spent many hours contacting the other owners and convinced them our association was breaking the law. We collected 1 small box of records out of the 15 she said was stored in her garage, they were just tossed in dating back to 1997 and $7,000 in the bank. Really no records, especially for the units owned by her and her staff (something about a computer virus in her system) except for the letters to one owner who was over 5 years behind in dues and payments. According to the current statement she gave us he was up to date. Bank deposits differ.

You can not believe the drama and we have only 10 owners!

DON'T GO THERE! How do you fire the MC who is on the board!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TammyI2 on 04/18/2015 2:37 AM

How do you fire the MC who is on the board!

You gather support and recall her from the board.

This will also require others to be willing to serve.

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