Any two offices held by the same person

Started by AndersH • 9 replies • 1414 views

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

⚡ Takes 30 seconds

Already a member? Log in

AndersH (Arizona)
Posts: 30

Posted:

We are a HOA in Arizona with 108 members. Our Bylaws reads as follows:

"Any two (2) offices can be held by the same person with the exception of the offices of President and Secretary".

Does it mean:
1. That the offices of the President and the Secretary can not be held by the same person, but the President or the Secretary can also hold the office of the Treasurer, or
2. The President can not hold another office, and the Secretary can not hold another office.

Your answers will be appreciated.

Best regards,
Anders

RichardP13 (California)
Posts: 3,868

Posted:

The President can't be the Secretary, nor the Secretary be the President. It is not uncommon for smaller associations to have someone be President-Treasurer or Secretary-Treasurer. It depends on the level of involvement of its members.

KerryL1 (California)
Posts: 14,550

Posted:

I think Richard is correct and our Bylaws are the same. My understanding his that the reason is meeting minutes need to be signed by both the president and the sec'y.

Some bylaws also allow non directors to be officers. We, for example, has a non directors as treasurer for a while when no director felt qualified to serve.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say it means:

1. That the offices of the President and the Secretary can not be held by the same person, but the President or the Secretary can also hold the office of the Treasurer.

JamesG11 (Florida)
Posts: 118

Posted:

TimB4 (Tennessee)
Posts: 21,059

Posted:

As others have said, #1.

The offices of the President and the Secretary can not be held by the same person, but the President or the Secretary can also hold the office of the Treasurer.

However, I have found that it's very difficult for the President to hold an additional office and serve both well. That is because there are a lot of tasks associated with each job you identified (at least if the job is done correctly).

AndersH (Arizona)
Posts: 30

Posted:

Thanks for your answers. The only problem I have with #1 is that it would allow the same person to hold the offices of the President and the Vice-President. That does not make any sense as the Vice-President's duty is to step in if the President is not available.

Best regards,
Anders

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By AndersH on 06/14/2016 2:34 PM
Thanks for your answers. The only problem I have with #1 is that it would allow the same person to hold the offices of the President and the Vice-President. That does not make any sense as the Vice-President's duty is to step in if the President is not available.

Best regards,
Anders

If there are only three individuals on the Board, which is case in most of the HOA's in the U.S. the officer positions would be, President, Secretary and Treasurer, and sometimes they will mention Vice President. Hopefully, one of the three will realize that being President and VP at the same time doesn't make sense, BUT, who knows.

JamesG11 (Florida)
Posts: 118

Posted:

Your beef, if any, is with the inartful draftsmanship of that provision. However, I would venture to say that in 100 times out of 100, a judge will decide the issue as the overwhelming majority of responses here have indicated.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Well, you do have to use common sense.

Typically, you need at least 3 for a Board of Directors.
If you only have two individuals serving, you are focusing on the wrong issue and should start looking for additional people to serve on the Board.

🎯 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