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JudyT1 (Arizona)
Posts: 3
Posted:
Our President resigned this month(Sept) and the Vice President was told he just took over the position. This is my first time one the Board and I do not think this is the correct way it is done. When I was voted on by the people the following month we voted for the one we wanted in the position of President, Vice president, Treasurer, Secretary. Now how is it the Vice President just steps into place with out the Board members voting on this? I want to do the right thing here and keep our Association out of trouble. Help Please.
Jadedone4 (Virginia)
Posts: 495
Posted:
JudyT1, look to your governing documents for the correct "order of sucession" for officers. Usually the VP does act in the capacity of President when President leaves office prior to an election.
NancyD1 (Florida)
Posts: 447
Posted:
What Jadedone says is true. You may have to appoint someone else to the BOD and then choose officer positions again.
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By Jadedone4 on 09/27/2007 2:38 AM
JudyT1, look to your governing documents for the correct "order of sucession" for officers. Usually the VP does act in the capacity of President when President leaves office prior to an election.

JudyT1

The post written by Jadedone4 is 100% correct to my knowledge. I have been reading and posting on HOATalk for about a year and have been a board member for just as long. I have learned that YOUR governing documents are the “bible” when a situation arises in your association. If you ever have any questions or concerns, be certain to look to your governing documents first then feel free to ask “US” for help. This will save you a tremendous amount of time or use the search box HOATalk has provided,reading previously written posts discussing HOA matters.
There are many very knowledgeable people that post on this discussion forum.

Something you should always remember, is that those documents (specific to your association) are selected by the builder and the majority of the time those documents are selected to benefit him/her. They rarely benefit the board members, homeowners or lot owners. The governing documents are very vague and left for interpretation. I’ve only read a few that specifically specify a particular issue (situation).

In every set of governing documents I had read, including my own specifically state that Vice president will resume the position of the President “If” he/she is unable to perform his or her role as president.
If he/she isn’t suitable for the position then that is a whole other situation to deal with.

Keep us post and best of luck
Chuck W.

Charles E. Wafer Jr.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
There is a certain amount to be gained by the Vice president taking over position of president. Continuity is one. The board can immediately appoint another Board member that will serve till election time. A good chance to evaluate a new Board member and decide whether to support his election. The Vice president will we evaluated for a short time till elections to judge his capabilities.
All in all in seems like an excellent idea to me. I doubt very much that any CC&r's would weigh more than the Discretion that Board has to act for the best interests of the community.
JoeW1 (New York)
Posts: 728
Posted:
Quote:
Posted By JudyT1 on 09/26/2007 9:27 PM
Our President resigned this month(Sept) and the Vice President was told he just took over the position. This is my first time one the Board and I do not think this is the correct way it is done. When I was voted on by the people the following month we voted for the one we wanted in the position of President, Vice president, Treasurer, Secretary. Now how is it the Vice President just steps into place with out the Board members voting on this? I want to do the right thing here and keep our Association out of trouble. Help Please.

JudyT1 - Officers (Pres, VP, Treas, & Sec.) are typically decided by the Board members at their first meeting following an election meeting. If the other members don't object and you are the odd man out, you can gauge which way that decision will go.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To Judy,
I'm curious. Who told the VP he was now president?
RogerB (Colorado)
Posts: 5,067
Posted:
Judy, usually the By-laws state something like the following duties of the VP: "The vice-president shall act in the place and stead of the president in the event of the president's absence, inability, or refusal to act". Thus your VP is the "acting President" until such time as a new President is elected.
JudyT1 (Arizona)
Posts: 3
Posted:
Our Treasurer told him. He is one of the oldest on the BOD and has been in the Presidency position a couple times. Our past President did not think this was the way it was done either and that was why others started to question the legalness of it. So what I am hearing on this is our Vice President will hold this office until next April when election time comes up and we have new appointees brought in? So when we bring someone in to replace the resigned Presidents position we appoint a new Vice President correct?
JudyT1 (Arizona)
Posts: 3
Posted:
Our Treasurer told him. He is one of the oldest on the BOD and has been in the Presidency position a couple times. Our past President did not think this was the way it was done either and that was why others started to question the legalness of it. So what I am hearing on this is our Vice President will hold this office until next April when election time comes up and we have new appointees brought in? So when we bring someone in to replace the resigned Presidents position we appoint a new Vice President correct?
RogerB (Colorado)
Posts: 5,067
Posted:
Judy, when the Board members elect the officers you do not have to wait until the next meeting of the members where election of Directors occurs. The current Board members may elect a new President at any Board meeting. And if the person elected as President currently holds an office then another Board member may be elected to take their place.

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