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Posted By JimA15 on 01/15/2020 2:19 PM
Our HOA is considering merging the secretary and treasurer position. we have person who is ideal. there is nothing in our bylaws that precludes this and i cannot find anything in florida law sect 720 that precludes it. we have a little pushback from our past secretary.
any advice?????
"The offices of Secretary and Treasurer may be combined."
That's straight out of our Bylaws. My understanding is that the offices of Treasurer and Secretary are frequently defined. FS 720 is silent which means FS 617, the general Corps. Not-For-Profit statute, holds. FS 617.0840(4) says, "The same individual may simultaneously hold more than one office in a corporation."
So if the reasons for having one person hold both offices outweigh the reasons not to, I think you should go ahead and do it. If problems develop the board can always separate the 2 offices by making someone else the Treasurer (or Secretary). Officers serve at the pleasure of the Board and can be replaced at any time, usually.
Evaluate the situation carefully and as objectively as you can. I would dismiss "but we've never done it that way before" complaints pretty quickly. Your Bylaws might address it, but otherwise it's lawful and it's not uncommon.