President or not

Started by LindaB20 • 13 replies • 726 views

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LindaB20 (New York)
Posts: 23

Posted:

The president of our HOA was elected in 10/2017 and she resigned in 2/2018. The vice president, who was up for election for a seat on the board in 6/2018 became president. She ran for a seat and won. Is she still president till an election is held or by her running for a seat eliminate the presidency?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Linda,

Unless your governing documents specify that the membership votes for the officers of the Association, Officers are appointed by and serve at the pleasure of the board.

Keep in mind that Directors and Officers are two different positions. Often, they are filled by the same individual (which is what makes it confusing).

Members vote for Directors to sit on the Board and make decisions (based on majority vote) for the Association.

Officers are appointed by the Board of Directors to impliment those decisions and run the day to day business of the Association. Officers provide reports to the Board but have no vote at board meetings. Only Directors have votes at Board meetings.

LindaB20 (New York)
Posts: 23

Posted:

Thank you Tim. I am still just a little confused. The president was elected by the board to serve. The By-laws states that the board is to have a President, Vice President, Secretary and a Treasurer. These are to be elected by the Board of Directors. The President was up for reelection and won her seat on the board. She has been told that since she was elected in June, she is no longer the president. The By-laws state the current president shall hold that position till another election is held. I just need to know if her reappointment to the board in June eliminated her as President.

GenoS (Florida)
Posts: 4,276

Posted:

Hi, Linda. Officers - including the president - serve at the pleasure of the board (unless you've got really unusual bylaws). You could have a different president every month if the board wanted to.

There are normally 2 elections. The first one is when homeowners vote for directors to sit on the board. The second is when the directors, a/k/a board members, elect the officers among themselves. What's the exact language of your documents where it says the president serves until the next election. Which election are they referring to?

LindaB20 (New York)
Posts: 23

Posted:

Thank you Geno.

Our by-laws states this: "The officers of the Association shall be elected annually by the Board of Directors at the organization or each new Board and shall hold office until their successors are elected or appointed by the Board and qualify",

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By LindaB20 on 09/26/2018 7:25 AM
Thank you Geno.

Our by-laws states this: "The officers of the Association shall be elected annually by the Board of Directors at the organization or each new Board and shall hold office until their successors are elected or appointed by the Board and qualify",

So the president is president until a new president is elected by the board.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Linda

Typically after an Annual Election the BOD will gather and have an Officers election. Some gather after the election, some wait a month or more.

Your specific situation, as I understand it. A was President. A's BOD term was up but A was re-elected to the BOD. I say A is still President until the BOD meets and holds an Officers election.

LindaB20 (New York)
Posts: 23

Posted:

Thanks John. That's the way I see it as well. Unfortunately the newly elected board members see it differently and refuse to acknowledge the President.

KerryL1 (California)
Posts: 14,550

Posted:

Without reading this over again, why doesn't the board simply elect a new president??

LindaB20 (New York)
Posts: 23

Posted:

Kerry, that is my suggestion and even though the By-Laws clearly call for officers of the board, some of the newer board members feel that officers are not needed.

GenoS (Florida)
Posts: 4,276

Posted:

Jeez Louise... isn't the association a corporation? Doesn't NY corporate law require a corporation to have officers?

RoyalpitA
Posts: 195

Posted:

yes and yes

D'OH

now, they are in fact AWARE

KerryL1 (California)
Posts: 14,550

Posted:

Just place the a matter on the agenda and include your bylaw and the officers that are specified in them:

"The officers of the Association shall be elected annually by the Board of Directors at the organization or each new Board and shall hold office until their successors are elected or appointed by the Board and qualify..."

You also might cite NY corporations code which will be similar.

The election for officers can be by secret ballot, btw.

I don't grasp why your new members want to oppose your bylaws & state law. do you know the reasons?

RoyalpitA
Posts: 195

Posted:

? ... idiocracy ... ?

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