DannyP1 (North Carolina)
Posts: 4
Posts: 4
Posted:
Can board members remove President without cause and without notice
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Started by DannyP1 • 3 replies • 554 views
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DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Read your governing docs to be sure (typically in bylaws), but in most cases officer positions are elected by the board and can be changed at any time. Note that if the president is a director, they would still be a director. In most cases only the membership (owners) can remove a director that was elected by the owners. If the director was appointed by the board to fill a vacancy, then the board might have the power to remove them as a director too.
Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Keep in mind that the position of a Director is different then the position of an Officer (President, VP, etc.).
Directors are members of the Board of Directors.
Typically, Directors are individuals voted by the membership to fill that seat.
The Directors function is to make decisions for the Association.
Officers implement the decisions of the Board of Directors and perform the day to day tasks of running the Association (collect assessments, pay bills, etc.). Officers attend board meetings and make reports but they do not sit on the Board or have a vote.
Typically, Officers are individuals appointed to those positions by a majority vote of the Board of Directors.
Typically, those who serve as Directors are the individuals appointed to also serve as Officers. When this happens, that individual wears two hats (has two different jobs).
It can be confusing, but try to remember that there are two positions.
An individual who is a Director and an Officer can typically be removed from serving as an officer with or without cause by a majority vote of the Board of Directors. If this occurs, that individual still serves as a Directors, has a say and a vote in the decisions made by the Board. They simply don't have any other function.
Directors are members of the Board of Directors.
Typically, Directors are individuals voted by the membership to fill that seat.
The Directors function is to make decisions for the Association.
Officers implement the decisions of the Board of Directors and perform the day to day tasks of running the Association (collect assessments, pay bills, etc.). Officers attend board meetings and make reports but they do not sit on the Board or have a vote.
Typically, Officers are individuals appointed to those positions by a majority vote of the Board of Directors.
Typically, those who serve as Directors are the individuals appointed to also serve as Officers. When this happens, that individual wears two hats (has two different jobs).
It can be confusing, but try to remember that there are two positions.
An individual who is a Director and an Officer can typically be removed from serving as an officer with or without cause by a majority vote of the Board of Directors. If this occurs, that individual still serves as a Directors, has a say and a vote in the decisions made by the Board. They simply don't have any other function.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Although you can remove an officer (president or otherwise) from that position, I've never been a fan of removing without cause or giving the person a chance to defend him/herself. Board member discipline is appropriate for an executive session - the fur may fly, but at least everyone will know where everyone stands. Afterward, the board might consider adopting some sort of code of ethics to discourage bad behavior and if someone else gets tossed he/she will understand why.
It may be true the person knows exactly why this is happening (and why he/she deserves to be tossed), but if you're going to do this, it's best to get ahead of the situation so you can explain to homeowners why the rest of the board felt this was necessary. Otherwise, the former officer may be able to cause all types of confusion during meetings, not to mention spreading stories throughout the neighborhood about being picked on, conspiracies and all that.
It may be true the person knows exactly why this is happening (and why he/she deserves to be tossed), but if you're going to do this, it's best to get ahead of the situation so you can explain to homeowners why the rest of the board felt this was necessary. Otherwise, the former officer may be able to cause all types of confusion during meetings, not to mention spreading stories throughout the neighborhood about being picked on, conspiracies and all that.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
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