MichaelH34 (North Carolina)
Posts: 179
Posts: 179
Posted:
NC 22 home Townhome-style HOA that recently lost its president (me) as both pres and board member. I'm still a homeowner and give a s**t about what happens though.
The board has decided to continue without a president until someone steps up and volunteers, which is not likely to happen soon given the reasons I stepped down. A few homeowners acting like spoiled brats and my lack of willingness to put up with them for a volunteer position. There's a lot more to it than just that but no need to go into details here, I think.
My question is how long can a board continue to act without a president? From looking at the state statutes, which are:
NC General Statutes - North Carolina Nonprofit Corporation Act - Chapter_55A
North_Carolina_Planned_Community_Act_Chapter_47F_(2019)
and our bylaws, there's no actual requirement that we have a president or other officers. There's an implication that there will be officers but I can't find any language that says there *must* be officers. Said another way, the bylaws don't include an explicit statement that the regime will *have* officers but IANAL so perhaps that isn't necessary. Our bylaws say this about the officers:
"Officers
Section 1. Designation
The officers of the Regime shall consist of a President, a Secretary, a Treasurer, and such Vice-Presidents, Assistant Secretaries, Assistant Treasurers, and
other officers as the Board may from time to time elect. Except for the President, no officer need be a member of the Board.
Section 2. Election of Officers
The officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board following each annual meeting of the
members and shall hold office at the pleasure of the Board of Directors and until a successor is elected."
The only language in our bylaws that implies that there *must* be a president is:
"Section 11. Conduct of Meetings
The President shall preside over all meetings of the Board of Directors..."
But realistically, absences happen and I wouldn't expect a board meeting to be canceled just because the president couldn't attend, as long as there was quorum otherwise.
Thoughts/questions?
The board has decided to continue without a president until someone steps up and volunteers, which is not likely to happen soon given the reasons I stepped down. A few homeowners acting like spoiled brats and my lack of willingness to put up with them for a volunteer position. There's a lot more to it than just that but no need to go into details here, I think.
My question is how long can a board continue to act without a president? From looking at the state statutes, which are:
NC General Statutes - North Carolina Nonprofit Corporation Act - Chapter_55A
North_Carolina_Planned_Community_Act_Chapter_47F_(2019)
and our bylaws, there's no actual requirement that we have a president or other officers. There's an implication that there will be officers but I can't find any language that says there *must* be officers. Said another way, the bylaws don't include an explicit statement that the regime will *have* officers but IANAL so perhaps that isn't necessary. Our bylaws say this about the officers:
"Officers
Section 1. Designation
The officers of the Regime shall consist of a President, a Secretary, a Treasurer, and such Vice-Presidents, Assistant Secretaries, Assistant Treasurers, and
other officers as the Board may from time to time elect. Except for the President, no officer need be a member of the Board.
Section 2. Election of Officers
The officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board following each annual meeting of the
members and shall hold office at the pleasure of the Board of Directors and until a successor is elected."
The only language in our bylaws that implies that there *must* be a president is:
"Section 11. Conduct of Meetings
The President shall preside over all meetings of the Board of Directors..."
But realistically, absences happen and I wouldn't expect a board meeting to be canceled just because the president couldn't attend, as long as there was quorum otherwise.
Thoughts/questions?