Abrupt resignation of president

Started by AnnaJ1 • 32 replies • 1930 views

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AnnaJ1 (Maryland)
Posts: 95

Posted:

Our president resigned due to personal reasons. The VP doesn't want the job. Plus, this leaves us with an even number of directors and we'd ideally like an uneven number for a tie-breaking vote if needed. There isn't anything in our bylaws that state how this type of situation should be handled. Dont really want to hold a community-wide election; long story. Any suggestions?

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Your existing board of directors can appoint a new president.

An even-numbered board means that tie votes do NOT pass.

You're fine.

AnnaJ1 (Maryland)
Posts: 95

Posted:

Thanks KellyM3!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Anna

Typically the BOD would select (via vote) a person to fill the empty BOD seat. This person does not become Pres. The BOD would then hold an Officer Election.

Our 5 person BOD has gotten al low as only 3 and rather than appoint anyone, we ran with 3 until the next BOD election. If your BOD is generally in agreement on things then 4 might be enough. Wait until next BOD Election.

KerryL1 (California)
Posts: 14,550

Posted:

Your bylaws, Anna, don't state how to handle director vacancies on the Board? I'd say that's very unusual. In fact, there should be a section on director vacancies and a section on officer vacancies. Generally, the Board appoints a new director to fill the remainder of the resignee's term. And then the Board would elect officers in general, or an officer to be president.

If you're a corporation, MD corporations codes might help.

Even number not a big deal. If you're close to your annual meeting, just wait to get your full complement of directors then.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This isn't like the Government where the Vice-President takes over. This is a corporation. Vice-President is a position. The position responsibility is to take over when President can't attend a meeting not take over if they quit.

So it's up to your board to choose someone amongst each other to vote in a new President.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Happened to one of my HOAs a couple of months ago.

I was previously President, resigned as President at the last annual meeting as I had just moved (but retained the property as a rental so I remained a director), agreed to be the VP for the new President, then he abruptly quit, so I coordinated two more Board meetings, with a clear statement that I would continue as VP for another president, but that if no other president was elected by the board, I too, would resign - as VP.

There were no volunteers to be president, so I resigned as VP.

About two weeks later, the treasurer asked a non officer to be the treasurer and then he would become the new president. Good “politic’ing” and we will vote on that in about a week.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Oh, yeah - the fact that we a have a board of six (the former president resigned from director position, as well) is the least of the concerns.

Boards need someone to be in charge.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By MelissaP1 on 10/20/2020 3:43 PM
This isn't like the Government where the Vice-President takes over. This is a corporation. Vice-President is a position. The position responsibility is to take over when President can't attend a meeting not take over if they quit.

So it's up to your board to choose someone amongst each other to vote in a new President.

Sorry, in the absence of the President, the Vice President takes over the position until such time as a Board elects a new President. In many contracts, such as a management contract, the president is the liaison between the Board and management.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Hate to burst your bubble John77 but NO that is NOT correct in a HOA. VP does NOT take over for President if they quit or murdered in their sleep... VP is it's own position. Every HOA is different but most do not mean VP takes over for President.

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By AnnaJ1 on 10/20/2020 11:26 AM
Our president resigned due to personal reasons. The VP doesn't want the job. Plus, this leaves us with an even number of directors and we'd ideally like an uneven number for a tie-breaking vote if needed. There isn't anything in our bylaws that state how this type of situation should be handled. Dont really want to hold a community-wide election; long story. Any suggestions?

You don't need an election of Directors to fill the vacancy of an Officer. Normally the remaining Directors can vote among themselves in order to select one of their number to be the president (or any other officer position). It doesn't necessarily require a vacancy in order to do that, either, should the board want to make a change to the Officers. Also in very few cases would the VP "automatically" become the president when the president resigns or otherwise leaves the board.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By MelissaP1 on 10/20/2020 4:49 PM
Hate to burst your bubble John77 but NO that is NOT correct in a HOA. VP does NOT take over for President if they quit or murdered in their sleep... VP is it's own position. Every HOA is different but most do not mean VP takes over for President.

Ok smarty pants, who take over if the board don't elect a new president.

You haven't the foggiest clue of how an HOA works. You only know how you operated your little self managed community.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

And, John turns nasty, again!

Seriously, John, who were you previously on this forum?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

John READ your documents. No where do they say the VP takes over the President's job if they quit or no longer in office. They ONLY take over for when the President can NOT attend meetings. That is basically the ONLY responsibility a VP has. It does NOT state they take the President's job altogether when that position is vacant. The board decides who fills the empty board positions.

Also note a President can NOT act as the Secretary. Hence they are not to take meeting notes or other duties of the Secretary. Things you can READ in your documents when it comes to the RESPONSIBILITY of EACH separate POSITION. Officer's responsibilities are DEFINED.

A HOA is two things. Quasi-government and Corporate. It's got a corporate structure but often runs more as it's own government within itself since it's run by it's own people.

So READ and tell me where under the responsibility of your office positions does it say the VP take over a VACANT position left by President. My bet it just says take over when the President can not attend. That isn't the same as vacating position.

Former HOA President

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By MelissaP1 on 10/20/2020 8:00 PM
John READ your documents. No where do they say the VP takes over the President's job if they quit or no longer in office. They ONLY take over for when the President can NOT attend meetings. That is basically the ONLY responsibility a VP has. It does NOT state they take the President's job altogether when that position is vacant. The board decides who fills the empty board positions.

Also note a President can NOT act as the Secretary. Hence they are not to take meeting notes or other duties of the Secretary. Things you can READ in your documents when it comes to the RESPONSIBILITY of EACH separate POSITION. Officer's responsibilities are DEFINED.

A HOA is two things. Quasi-government and Corporate. It's got a corporate structure but often runs more as it's own government within itself since it's run by it's own people.

So READ and tell me where under the responsibility of your office positions does it say the VP take over a VACANT position left by President. My bet it just says take over when the President can not attend. That isn't the same as vacating position.

So again, the question remains, who is the president until a board may or may not elect a new president?

Below is from CAI Board Members Toolkit

WORK WITH VOLUNTEERS
The president is the leader of the board, a body that typically includes:the vice president—who substitutes for the president in his or
her absence.

If a president resign, in my judgement, they are absent, until a replacement can be voted on. Hell, if the association has a management company, what do the officers actually do?

The association secretary is responsible for preserving the association’s history, maintaining its records, and protecting it from liability. The secretary should be efficient, well organized, and have a commitment to the future of the association. Associations with a professional manager can ask the manager to perform some of the secretarial tasks.

I wonder when the last time Kerry took minutes of meetings and does she oversee the corporate records from her condo.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Absence is not defined by your opinion. It is defined by law. Absence does not equal resigning. where you absent from school did you quit school as well?

Former HOA President

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By MelissaP1 on 10/20/2020 8:59 PM
Absence is not defined by your opinion. It is defined by law. Absence does not equal resigning. where you absent from school did you quit school as well?

Actually, I did finish school with a BS in Finance and Masters in Business Administration.

JohnC77 (California)
Posts: 562

Posted:

This is from Davis-Stiring.com

VP AS ACTING PRESIDENT

QUESTION: Our president resigned. Does the vice president assume the presidency or just until a fifth person is brought onto the board and the board votes on a president?

ANSWER: The vice president becomes the acting president until such time as the board selects a new president. The board can elect new officers at any time or it can wait until it adds a fifth director to the board.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You just proved everyones point.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

I actually thought your obsession with me had dwindled "JohnC77." Can you explain why you've been making snarky remarks about me for the last few days? As I suggested when you were using one of your previous names, it feels like stalking.

KerryL1 (California)
Posts: 14,550

Posted:

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JohnC77 on 10/20/2020 8:46 PM
I wonder when the last time Kerry took minutes of meetings and does she oversee the corporate records from her condo.

This stalking and harassment is just one of a few reasons I advise no one to communicate by email in private with JohnC77.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By KerryL1 on 10/21/2020 9:30 AM
I actually thought your obsession with me had dwindled "JohnC77." Can you explain why you've been making snarky remarks about me for the last few days? As I suggested when you were using one of your previous names, it feels like stalking.

Why would you even think of calling it stalking. You have said you were or are the Secretary of your HOA. Tim has said he was a Treasurer, Melissa a former President, JohnC a Vice President.

You have said on a few occasions you as Secretary don't take minutes, it is the job of the manager, per their contract. So the question is, what do you really do as a Secretary for your association. With a manager, especially one that is onsite, what do the officers really do? They essentially are just Board members who show up to a meeting and discuss and vote on items a third party prepared for them, right?

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By AugustinD on 10/21/2020 9:34 AM

Posted By JohnC77 on 10/20/2020 8:46 PM
I wonder when the last time Kerry took minutes of meetings and does she oversee the corporate records from her condo.

This stalking and harassment is just one of a few reasons I advise no one to communicate by email in private with JohnC77.

So, what are you going to do next, call me a bi$ch?

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By AugustinD on 10/21/2020 9:34 AM

Posted By JohnC77 on 10/20/2020 8:46 PM
I wonder when the last time Kerry took minutes of meetings and does she oversee the corporate records from her condo.

This stalking and harassment is just one of a few reasons I advise no one to communicate by email in private with JohnC77.

So exactly what did I say that was untrue and take did hasn't posted on this site?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

JohnC,

It makes me chuckle to see your responses on these threads ... kind of has me thinking about keeping a "betting log," where I would "bet" how long it takes you to get nasty, mention your education - or, just In general sound a bit odd.

JohnC77 (California)
Posts: 562

Posted:

I answered Melissa question about quitting school respectfully and accurately!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I still think it's funny how you answered the question about the VP with the answer everyone been stating. Which is the VP does NOT ASSUME the President role automatically upon vacating. They fill the position temporarily till the position is replaced by vote of Board. Don't think you actually got that...

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

I'd say demanding to know how I spend my HOA time is harassment given that your demand, JohnC77, has zero to do with the OP. Should I be flattered that you care what I do? Ewwwwww. Shoo!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Still would like to have John come clean - and honest - re if he was a previous poster under a different name.

I would want to know this if I was asking for advice - and he provided some.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By KerryL1 on 10/21/2020 3:21 PM
I'd say demanding to know how I spend my HOA time is harassment given that your demand, JohnC77, has zero to do with the OP. Should I be flattered that you care what I do? Ewwwwww. Shoo!

SERIOUSLY

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By MelissaP1 on 10/21/2020 2:59 PM
I still think it's funny how you answered the question about the VP with the answer everyone been stating. Which is the VP does NOT ASSUME the President role automatically upon vacating. They fill the position temporarily till the position is replaced by vote of Board. Don't think you actually got that...

If it's not too much trouble, PLEASE re-read what I have posted all along.

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