💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PattyB1 (Kentucky)
Posts: 40
Posted:
I was elected as President of our HOA last week and we take over as of july 1st. In the meantime,I'm still VP of the existing Board.The President we have now has put himself on our BOD as a "member at large" so he can attend our Board Meetings (open anyway)and today demanded that I give him the new officers email addresses. He has told me he is still in charge and I must do it.He say's there are things that the old board still want to do and we'll just make this one big BOD.All this because I asked about the transition meeting.The new officers that will be on my Board are smart and will be easy to work with,a big change. When a Board changes hands,how many meetings do you need? What exactly takes place?Do any of you have a member at large?Our atty.said that he will be a B.M.without an office and just be able to vote to break a tie.This is not something I want to deal with all year, we have important things to do and our neighborhood is counting on the new board.He was not elected as the M.A.L., I wonder if he can be voted out? Any advice?Patty
HaroldS1 (Arizona)
Posts: 314
Posted:
One transition meeting is usually enough, especially since you have been on the board already and should know what is going on. What do your documents say about the past president's role? Strange your attorney would say he would be the "tiebreaker" or that an unelected past president would even be on the new board unless your documents somehow define this. What is the point of replacing the board if the president can still hang around and vote? By the way, usually it is the president who breaks a tie if he chooses not to routinely vote.
Many social clubs I belong(ed) to keep the past president on the board, sometimes without a vote. But this is clearly defined in the club bylaws. But your being already on the board, you should know your documents.
Harold
RichardD (North Carolina)
Posts: 66
Posted:
Patty
I believe most Ass'n Bylaws are specific about electing directors at the annual meeting, as well as the terms of office of the elected. Since most bylaws provide for staggered terms of office, there should be no need for more than 1 organizational meeting, as you will always have someone on the board with experience. Officers are elected yearly by the directors, normally at this organizational meeting, and it could be that the outgoing president still has time to serve on his term. Only you know the terms of your officers. If this was the end of his 2 or 3 year term on the board, then its out the door with him.
RichardD
RichardD (North Carolina)
Posts: 66
Posted:
Just as an add on to my previous post, we have a BOD of 5 members, but only 4 titled officers, pres. vp, treasurer and secretary. The 5th board member is referred to as a director at large or more commonly as a special projects officer.
RichardD
JonD1
Posts: 2,350
Posted:
Patty:

Seems you and the other Board members need to realize that you must run according to the ByLaws of your community.

President, VP, Secretary, Tresurer. Is there a "member at large position listed in your by-laws? Therer are no self appointed positions on Boards that I have ever heard of. If so why bother to hold the election?

He is still in charge? Sorry NO!

Sounds to me like the "former" President is trying to create a new position for themselves which does not exist.

Someone who once held the President's position for which you have now been elected is called a former President or ex-President. To suggest they now be a member at large is crap.

If they were not elected they cannot attend meetings of the Board nor VOTE!

As for your attorney sounds like he might need to leave along with this hang on Board President.

As a current VP what "transition" do you need?

Thanks for your time serving on the Board and goodbye............

The sooner you address this matter the eaiser it will be to resolve and all the "smart" "capable" newly elected Board members need to support each other explaining this person's time on the Board in any capacity is OVER!

JonD1
Posts: 2,350
Posted:
Oh one last thing I would NOT give out contact information without first asking for permission from the new Board.

Sounds like your former President doesn't know when his time is up.

In that case the Board needs to make it clear he is no longer serving in any capacity along with the attorney or would cause a problem with his misplaced loyalty to the former President.

Just my opinion.
JudithC (Virginia)
Posts: 253
Posted:
I am truly amazed either at the chutzpah of the past president, or confused as to the status of the association.

There are two things generally: being elected to be a member of the board, and, being elected to be an officer of the board. Our association, the board elects the officers but I understand that in some it is done at the annual meeting.

If "A" is a member of the board, whether or not he is an officer, it seems to me they should be included in emails, etc. and would have to be able to vote.

If "A" is not a member of the board, unless there is some category for past presidents, he is out and has no privileges over any other homeowner.

I also don't see why one would need more than one transition meeting. If the past president is a good guy he might do a "memory dump" of where everything is. It would be best to be able to work with him as often there are things that come up that you might not be aware of the details.

I don't understand your attorney at all unless there is a real oddity in your documents or you did not present the question properly and he misunderstood it.
RogerB (Colorado)
Posts: 5,067
Posted:
Patty, read your By-laws to determine whether or not this attorney is correct. If the attorney is correct, your By-laws are very unusual. If not correct you need a new attorney. Your question may easily be determined by reading the By-laws; it does not need an attorney's opinion.

He is a Board member if his term has not expired. He can not "put himself on the Board", he must be elected. If there are things the old Board did not get done then it is up to the new Board to decide whether or not to pursue these. The old President and the old Board have no authority beyond that of being members of the new Board if their term did not expire.

As President, you need to know and follow the By-laws. This knowledge will provide you the fortitude to deal with him and others.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here