How to remove current treasurer

Started by PamB9 • 10 replies • 316 views

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PamB9 (Illinois)
Posts: 14

Posted:

We have an Hoa of 12 units. Our Hoa funds have gone down considerably. The current treasurer doesn't get back to us or explain what we are paying for. We have requested that she reaign so we can get a new treasurer but she won't. How can we get her removed from being treasurer

KerryL1 (California)
Posts: 14,550

Posted:

Do you have other board members? If so, they simply vote her out of the office of treasurer. She would remain a director.

PamB9 (Illinois)
Posts: 14

Posted:

We have a board of the president, treasurer and secretary. The president is resigning this month. So we are electing a new president. But we think there's been mismanagement of the funds by the treasurer and asked her to resign but she won't. So can all unit members vote to remove her. If so we have 12 units which include the current president, treasurer and secretary. So 9 of the units are normal hoa members. Can we vote to remove the treasurer?

AugustinD
Posts: 3,698

Posted:

PamB9, first, are you aware that there is a difference between a director and an officer (President, VP, treasurer, secretary)? If not, please start recognizing this.

Second, the vast majority of HOAs have Bylaws, reinforced by state law, that state that directors are elected by the owners at the annual meeting. Subsequently and per the Bylaws, typically the directors have the right to choose the officers.

A person who is both a director and an officer may resign as an officer but still serve as a director.

You wrote: "So we are electing a new president."

First question: Who is "we"?

Second question: What do your Bylaws say about electing the officers (which are different from "directors," as I explain above)?

Third question: Do your Bylaws require that all officers also be directors? Sometimes the Bylaws permit a Board to choose someone who is not a Director to be, say, the President. Often the Bylaws allow a non-director to serve as the treasurer, and so on.

PamB9 (Illinois)
Posts: 14

Posted:

So they have an election of all unitnowners to elect a new president. So thenwe is all unit owners. I have to look into the bylaws when I get home though. As I wasn't aware of directors at all in our HOA association.

AugustinD
Posts: 3,698

Posted:

Posted By PamB9 on 02/15/2022 10:20 AM
So they have an election of all unitnowners to elect a new president.This is unlikely.

I look forward to your report of what the Bylaws say about whom is elected at the annual election of owners.

Verbatim quotations from your Bylaws are welcome. These will help get all on the same page here.

If you kindly confirm that your HOA is also a nonprofit corporation, then respectfully, this excerpt from the Illinois nonprofit corporation act may help with your understanding:

https://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=080501050HArt%2E+8&ActID=2280&ChapterID=65&SeqStart=6800000&SeqEnd=8700000

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By AugustinD on 02/15/2022 10:24 AM

I look forward to your report of what the Bylaws say about whom is elected at the annual election of owners.

Post-o. That should be "annual meeting of owners."

PamB9 (Illinois)
Posts: 14

Posted:

Also we never have elections for directors. The president and treasurer do not keep us aware of things. Also they just started having meetings because I requested it. And I'm just asking if us " the units owners who aren't on the board can vote to remove the treasurer and get a new one
.I could explain many.reasons why but it's basically we don't trust her.

KerryL1 (California)
Posts: 14,550

Posted:

As Augustin explained, there is a difference between director (board members) and officers. Usually The owners do NOT elect officers, they elect directors. Then the directors choose among themselves who will be the officers.

so the election you have coming up is for directors not for offices,e .g. president, VP, treasurer.

Do read your bylaws.

Good for you for insisting on open board meetings. I believe this is required by IL statutes and maybe by your bylaws too.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Pam

People on the BOD are often referred to as Directors and they typically are elected to the BOD by owners. People on the BOD vote for Officers from among themselves thus an Officer is still a Director. Not all Directors are Officers but all Officers are Directors.

John Smith, Director, Pres.
Harry White, Director, VP
Linda Jones, Director, Treasurer
Gale Morris, Director, Secretary
Ed Furlong, Director
Bob Dean, Director
Sally Brown, Director

If a 3 person BOD a good arrangement is:

John Smith, Director, Pres.
Harry White, Director, VP and Treasurer
Linda Jones, Director, Secretary

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By JohnC46 on 02/15/2022 11:35 AM
Pam

People on the BOD are often referred to as Directors and they typically are elected to the BOD by owners. People on the BOD vote for Officers from among themselves thus an Officer is still a Director. Not all Directors are Officers but all Officers are Directors.

John Smith, Director, Pres.
Harry White, Director, VP
Linda Jones, Director, Treasurer
Gale Morris, Director, Secretary
Ed Furlong, Director
Bob Dean, Director
Sally Brown, Director

If a 3 person BOD a good arrangement is:

John Smith, Director, Pres.
Harry White, Director, VP and Treasurer
Linda Jones, Director, Secretary

I would agree that "typically" the BOD elect officers from among themselves. But this does not have to be the case. They can elect a non-director to an officer position. For instance, if none of the directors has financial experience they might elected a resident accountant to be their Treasurer.

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