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KatherineD1 (Ohio)
Posts: 1
Posted:
Our president passed away. We are very small with only 12 units. 3 are still owned and rented out by the developers. 4 more are rented out by owners which do not live in them. Those owners do not want to be president. That leaves five of us and none of them want to be president. I am the treasurer. No one wants that job either. We have one board member now, maybe two besides myself, but they will be of little help. My questions:

Since we are so small,
1. ...do we have to have a president? Can we just rely on all of us together?
2. and.....can I be president and treasurer also? I will add someone on to our checking account.
3. Would you know of an online site to talk to other presidents and manages on a one to one?

I am taking over the duties and will run everything by the board or all of us that own besides the developers, but if there are problems, I don't know that I can handle them properly.

We are just stuck. We have a small pond and I don't know a thing about taking care of it. The president did all of that. I've contacted our county soil and water company to find all about that.
Katherine

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Typically the President can't be the secretary. That's about the only caveat I've ever seen. You could hire a book keeper if your worried about the Treasurer part. Although that will cost money. It looks like your the President but I would hold an official election to make sure all is okay with that.

You can't ignore those developers or those who are renting out their property. As long as they are owners they are members. They should have 1 vote each just like everyone else.

Good luck! Come here for some advice if you need it. We are one of the few HOA sites that supports board members. The advice is free though...

Former HOA President
AugustinD
Posts: 5,144
Posted:
Sounds like your HOA is on its way to receivership. The cost will be mighty. To avoid this, google on the subject and send out a newsletter explaining that if no one volunteers, then people will get to pay a lot. To avoid receivership, consider appointing just enough board members to vote to pay board members. Maybe this will get some people to serve on the board. It will be a lot less expensive than receivership.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AugustinD on 10/09/2017 6:10 PM
Sounds like your HOA is on its way to receivership. The cost will be mighty. To avoid this, google on the subject and send out a newsletter explaining that if no one volunteers, then people will get to pay a lot. To avoid receivership, consider appointing just enough board members to vote to pay board members. Maybe this will get some people to serve on the board. It will be a lot less expensive than receivership.


Correction: I meant get enough board members to run an election where people may vote on paying board members. This will be an amendment to either your HOA's Bylaws or its Declaration.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KatherineD1 on 10/09/2017 5:09 PM

1. ...do we have to have a president? Can we just rely on all of us together?

Someone has to have the title.

This is needed because of Corporation requirements and, very likely, requirements within your governing documents. You can rely on everyone working together, but someone has to have the title and signature.

Quote:
Posted By KatherineD1 on 10/09/2017 5:09 PM

2. and.....can I be president and treasurer also?

This will depend on your governing documents.

Some Bylaws or Articles of Incorporation, specify that the office of the President and another office may not be held by the same person. Some governing documents have no such restriction.

Remember, you can always amend the governing documents if restrictions exist.

Quote:
Posted By KatherineD1 on 10/09/2017 5:09 PM

I will add someone on to our checking

In my opinion, all Directors should be on the bank accounts signature card.
This allows bills to be paid if there are vacations or if the worst should happen.

Who has physical custody of the checks is different and should not affect who is on the signature card.

Quote:
Posted By KatherineD1 on 10/09/2017 5:09 PM

3. Would you know of an online site to talk to other presidents and manages on a one to one?

This site can help you a lot as many have served on their boards in various positions.

If desired, you can email me at [email protected]
Keep in mind that I only check that email when I am at work.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Katherine,

Expecting that your Association is incorporated as a nonprofit (most are, but check to be sure), then the Ohio NONPROFIT CORPORATION LAW would apply.

Per OH 1702.34, of that act:

The officers of a corporation shall consist of a president, a secretary, a treasurer . . . Unless the articles or the regulations otherwise provide, none of the officers need be a director. Any two or more offices may be held by the same person

Hence, those are the minimum officer positions that your Association must have.
Unless your governing documents specify otherwise, the same individual could hold all three officer positions.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By TimB4 on 10/10/2017 6:36 AM
Posted By KatherineD1 on 10/09/2017 5:09 PM

1. ...do we have to have a president? Can we just rely on all of us together?


Someone has to have the title.

This is needed because of Corporation requirements and, very likely, requirements within your governing documents. You can rely on everyone working together, but someone has to have the title and signature.


You should also read your governing docs to see what president's responsibilities are. The new president doesn't have to try to fill the shoes of the old one, taking on all of the responsibilities the old one did. Normally the duties are things like running board meetings, signing contracts, etc. It doesn't have to be a one-man show of running all facets of the association single-handedly.

Having directors take a more balanced approach to the boards duties might not make the presidency such an overwhelming burden.

Escaped former treasurer and director of a self managed association.

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