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AM3 (Georgia)
Posts: 29
Posted:
At our annual meeting this year, the Board President of our Condo was asked if she would be willing to step down from the position (they have been the president for 15 years or 5 terms) due to not enough eligible voters for a few years. The President agreed that they would step down and the statement was captured in the annual meeting minutes. Homeowners want a change now.

As a result, a written request was made for a special meeting to accept the President's decision to step down so that a new president could be installed/elected as a result. (Note: the current board members, not including the President, has only been on the board for a few months (there is only one board member that has been in place for a long while)and the current board did not elect or appoint this president.

There are enough voters now to vote based on the bylaws.The board refuses/has failed to schedule a special meeting after receiving two requests to do so in writing by HOA members in the last month and and a half. And, the President has sent no indication verbally or in writing indicating that they have rescinded their statement.

What should we do to force this president to leave the board? Do we need to partner with the state to see what we can legally do?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Typically the BOD elects its Officers from among themselves. The owners do not get to vote on Officers, just on BOD Members.

An Officer can resign from the Officers position but they are still on the BOD unless they resign from both.
GenoS (Florida)
Posts: 4,276
Posted:
What JohnC46 said. The owners do not get to choose who is the president or have a say in when the presiddent steps down. That's up to the board of directors to decide. Normally the board can elect a new president at any board meeting. There should be no need for a members' meeting. Unless your bylaws say otherwise, but that would be very unusual.
GwenG (Florida)
Posts: 669
Posted:
Also, typically a Special Meeting is not properly requested by a "written request". It requires a formal Petition submitted by X # of owners in a specified fashion and format. The Bylaws and statute should be followed to get the ball rolling. This Director may have reconsidered and be pressured to continue by fellow Directors.

The officer status is not the Members' business. The occupancy of a Director IS Members' business but a removal is a formal process that must be followed to a T.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In my association it takes 10% of the owners to call a Special Meeting. The reason for the meeting must be stated and that is the only business that can be done. It cannot be a general bytching session.

If called to do a recall of a BOD Member(s), their replacement(s) must be named.
KerryL1 (California)
Posts: 14,550
Posted:
Read your bylaws, AM. They'll state how officers are elected. As others have noted, it's almost always the Board itself that elects its officers.

The question, then, is: Will the board vote the prez out of office? Is there a different board member who's willing to be president??

How many are on your board? How many units/homes in your HOA? Are you on the board, AM?

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