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GaryH8 (Florida)
Posts: 9
Posted:
Turnover finally occurred. Turnover and AGM happened back to back. As a bit of an oversight or perhaps it was intended, but the 3 directors of the board were nominated and elected. Then the officers were elected and someone other than one of the 3 directors got elected as the President of the HOA. The Covenants states that the President is basically the CEO and is given the general power and duties of a president of a corporation, they are also entitled to form committee's of the members to help in managing the affairs of the community and they preside over the meetings.

Practically, when the President is not on the Board and therefore does not get to vote on major issues, do they basically just help run the association and make sure the directives of the Board are followed? Is there any downfalls to this?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Officers are appointed by and serve at the pleasure of the Board.
The Board has the authority to remove any Officer from Officer (not from the Board, just from the Officer position).

Often Associations have qualifiers on who may serve as President and VP (typically, they must be a member of the Board - i.e. a Director). Check your Bylaws to see if this qualifier exists in your Association.
KerryL1 (California)
Posts: 14,550
Posted:
Many bylaws say the president must be a member of the board. What do yours say, Gary? Or FL corporations code assuming you're incorporated.?

Curious: what size is your HOA? Do you have a property manager? (I don't know what an AGM is).
GenoS (Florida)
Posts: 4,276
Posted:
Anthropogenic Global Marming?

More seriously, the duties and powers of your officers are laid out in your covenants? Those things are normally in the Bylaws. I guess stranger things have happened, but my HOA's documents are strange and even they have that stuff in the Bylaws.
GaryH8 (Florida)
Posts: 9
Posted:
Annual General Meeting (AGM)
Tiny Community. Less than 20.
I have seen it many times where the Treasurer is outside of the board as they manage the HOA's finances but don't have any powers to vote.
The president's powers are in the Covenants and I summarized them in my original post. I was curious if anyone had any real life experience where the President is not on the BOD and doesn't get a vote but runs the meetings. They are basically the top officer of the HOA, carry out most of the executive duties of the HOA but has no power/vote. It just seems like an unusual position to have and I am surprised the covenants didn't try to align the BOD with the President role (making the President have to be on the BOD, for example).
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GaryH8 on 01/25/2018 4:05 AM
d I am surprised the covenants didn't try to align the BOD with the President role (making the President have to be on the BOD, for example).

This qualifier would typically be within the Bylaws and not the Covenants.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Tim, & his & my above. Also check FL Corp. Codes.

Don't know for sure, but I'd guess that it's highly unusual for the prez not to be a director (board member).
RichardP13 (California)
Posts: 3,868
Posted:
Gary

The Bylaws will outline the organization structure of your HOA. It will say who can be a director and what officer positions need to be directors. Many associations will have a treasurer would is not a director that may be a more specialized position, dealing with money and financial records. I have seen presidents and/or directors that didn't need to be members of the association or even live at the complex, but it sounds like yours is a newer property.
GaryH8 (Florida)
Posts: 9
Posted:
Yes, I understand it is in the by-laws and there is nothing in there to indicate the President has to be a director. I was interested to hear from parties who have been in the situation where (aside from the treasurer) the President was a non-director. I don't think it will be an issue but it certainly changes the dynamics within the HOA Board a bit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Haven't been there.

Why haven't those who are Directors agreed to also serve as President?
GaryH8 (Florida)
Posts: 9
Posted:
One director nominated a non-director to be the President.
A 2nd director seconded it. Happened in a couple seconds.
First board meeting after turnover.
No one really understood what was happening or took time to consider it.
Newly appointed Legal counsel sat back and observed.
It might end up being nothing.

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