๐Ÿ’ฌ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account โ†’

โšก Takes 30 seconds

Already a member? Log in

PatJ1 (North Carolina)
Posts: 568
Posted:
For 20+ years we haven't had elected Director's, only appointed. The current Director's were elected 4 years ago while voting on a successful dues increase and have remained. We have been operating with 3 Director's of 5.

There will be no quorum or anyone volunteering at our upcoming March, 2022 Annual Meeting. Director terms are 1 year per governing documents. We don't need Director's focusing on violations. We need Director's to preserve the viability, security, and integrity of community.

I have been President for over 6 years and have spoken to the other 2 members about taking a break. If I remove myself entirely by giving up my Director position at the March Annual meeting, one other Director, or both, will not continue, possibly leaving us without a board and stalling everything we have accomplished.

I would like to stay on the board, just don't want to be the frontman any longer. Of the 3, I am the only owner living on property.

Can I remain a Director with no position? I would like to step down as President while staying a Director. Have no idea who the President will be. Can the office of President be vacant? I'd just like to focus on maintenance and Reserve expenditures for a bit and not be the one everyone calls or stops in the parking lot.

As current Director's we are carefully putting plans in place to move the community forward into 2023 through signed contracts and quotes.

Can we have our cake and eat it too? We have had 3 MC's and multiple PM's in the past 9 years. They take way too long to address issues through multiple departments while costing the HOA money. Seeking a new management company it not an option.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Typically the directors are elected by the general membership. It is then amongst those elected directors to vote for the office positions. So simply put your hat in for another position than President or stay a board member. I did that the year I left. Stayed on the board just for advice giving purposes if needed. That way I was still available to follow up on any projects the new people may need caught up to speed on.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Check your bylaws and see what they say about the requirements for officers and directors. Occasionally they allow for non-directors to hold officer positions, but I've never seen any bylaws that allow a non-director to be president. (They may be out there, I just haven't heard of any.)

As for directors not holding any officer position, you get that situation when you have more directors than you have officer positions (eg. a 7-person board). Your community has the opposite problem. In order to function you need a president and a treasurer at a minimum: one to sign contracts and the other to sign checks/pay the bills. Otherwise you can't conduct business.

I hear you about being tired. In theory directors should split up the work, but the president seems to get more than his or her share because so many believe that the president has all the authority.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By PatJ1 on 10/10/2021 7:38 AM
Can I remain a Director with no position? I would like to step down as President while staying a Director. Have no idea who the President will be. Can the office of President be vacant? I'd just like to focus on maintenance and Reserve expenditures for a bit and not be the one everyone calls or stops in the parking lot.
-- The NC Nonprofit Corp Act at ยง 55A-8-40. states:
(a) A corporation has the officers described in its bylaws or appointed by the board of
directors in accordance with the bylaws.


-- Do your Bylaws require officers? Quoting them exactly would be best, as I think you know.

-- Which other NC statutes apply to your association?

-- I am sorry you have had to carry the load for so long.

PatJ1 (North Carolina)
Posts: 568
Posted:
Our By-Law's date back to HOA creation (1980's)and make many references to the developer regarding Director's and Board positions. It's very hard to figure out what is actually says.

NC Nonprofit Corp Act-and

Defined parts of the NC Condo Act and the later NC PDC Act that specify that the new statutes apply to previously formed HOA's.

Thank you AugustineD. Bouncing post up the timeline

๐ŸŽฏ You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • โœ“ Ask follow-up questions
  • โœ“ Share your experience
  • โœ“ Get expert advice
  • โœ“ Access 350,000 discussions
Create Free Account โ†’

โšก Takes 30 seconds

Already a member? Log in here