Can one person on the board serve as 2 positions

Started by LornaR • 9 replies • 1852 views

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LornaR (Ohio)
Posts: 28

Posted:

We have one person that serves as our Treasury and Secretary is that possible.

DwightT (Idaho)
Posts: 664

Posted:

That really depends on your governing documents. Our bylaws specifically states "The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices." I've seen other bylaws which only restrict the offices of President and Treasurer from being held by the same person.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our restrictions made it so that the President could NOT do the Secretaries job. This made it extremely tough when I lost my secretary and 4 board members due to moving issues. I couldn't take official notes and keep them recorded as HOA documents. I did keep notes and posted them but didn't keep them as an official record just in case this situation ever came into question in the future.

Former HOA President

BradD2 (Florida)
Posts: 418

Posted:

Lorna, you really need to read your documents. All of them and more than once. The questions you have been asking are specific to your contract with the Association (the governing documents).

LornaR (Ohio)
Posts: 28

Posted:

Our code of regulations states 3 persons must be the board of Trutees but we have a mother and daughter that are the trustees

BradD2 (Florida)
Posts: 418

Posted:

I don't think that is neccessarily against your documents. The documents probably are like most of the Associations which do not require a board member to part of the Association. Are both the mother and daughter on the deed?

LornaR (Ohio)
Posts: 28

Posted:

I am not sure what the deed is? our whole governing body is a mother and daughter,our By-laws say the term of a Trutee is for one year and they have decided on their own to have 4 year terms and not hold annual elections for their positions, we recently had an election for one Trustee position because their are suppose to be 3 Trustee's and he became President and worked with them 30 days and resigned and said as everyone else before him has said he can not work with them, We have asked for a special meeting to hold elections for the two Trustee positions and they are saying the by-law that state one year term is open to perception. I don't know can we go to court and make them follow the by-laws they can not just take away our right to vote.

RogerB (Colorado)
Posts: 5,067

Posted:

Lorna, when you elected the one Board member why didn't the members demand an election of all 3. If the By-laws state the term for Board members is one year then that is not open to interpretation. The members should either require the Board to follow the By-laws or remove those Board members from the Board.

LornaR (Ohio)
Posts: 28

Posted:

We did not have the by-laws at that point, it has been a long road to even get the code of regulations (by-laws, but now that everyone knows they want an election mainly to get them out. We just do not know how to enforce our right to vote or file a complaint against them. The 3rd Trustee we had that became a President for all a month said he would be glad to serve on the board just not with them. I am new to this whole thing as many in our sub-division is, we are learning as we go, but it is time for new leadership, no one wants to work with them or serve on any committee's with them, and evenwhen there was 3 Trustee's the 3rd person never had a chance against the mother and daughter.

GloriaM (North Carolina)
Posts: 829

Posted:

President, Treasurer and Secretary should all be separate individuals serving in those offices.

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