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MrJ (Florida)
Posts: 8
Posted:
Our President stepped down then our VP stepped down. My question is, by law, do we have to have a President? Or can we just divide up the Presidents responsibilities between the board like we are currently doing? It works much better for us.
ElleN (Idaho)
Posts: 4,420
Posted:
The Florida Nonprofit Corporation statute says a corporation (which most HOAs are) "shall have the officers described in its articles of incorporation or its bylaws." What do your articles of incorporation and bylaws say about having a President?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Note. A vice president does not automatically step into the President spot if they no longer in office. It is a separate position. The rest of the board needs to elect someone from them to get Resident position. The vice president is just there for taking meetings if president can not attend.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Most likely your Bylaws require a president. Our old Bylaws even stated that the president must preside at meetings. And that's really the main job of the president since boards, not the president, govern non-profits.The president also signs meeting minutes along with the secretary.

So, yes, appoint one among yourselves. And just go ahead and continue with your current "assignments" since it's worked well for your Board. You have no community manager, correct?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Agree with others that your bylaws may require a president. Many association's bylaws make a provision for another officer such as a VP or secretary to perform the president's duties if the president can't or won't act, so it's not an emergency if the board takes a few days to sort things out.

As far as spreading out the president's duties, there are certain of them that typically are reserved for only the president or acting president - eg. signing contracts.

It's also very common to prohibit the president and treasurer from being the same person. You don't want the person who can sign contracts to also be able to cut checks, since it makes embezzlement way too easy.
KerryL1 (California)
Posts: 14,550
Posted:
The Board may, if it wishes, make a resolution that any officer may sign board-approved contracts UNLESS the Bylaws require the president to do it. Are there ANY tasks that the Bylaws require the president to do, MrJ? Even if so, the president usually has the power to make assignments, often with board concurrent.

Example: Bylaws state the president supervises all vendors who work on the premises. (If no, PM.) But at the president's request, the Board could vote that the VP supervises the landscaper & xx, etc. These assignments can be subject to change, last for one year, etc.

To Cathy's point, the secretary and president also aren't the same person as each need to sign meeting minutes.

At this time, MrJ, can you tell us little more about your board? Number of directors? Size of your HOA? PM or self-managed?
MrJ (Florida)
Posts: 8
Posted:
Thanks for all the replies. You are correct, it's in our bylaws, we do have to have a Pres. So be it...
SheliaH (Indiana)
Posts: 6,964
Posted:
well, since you now know your bylaws require a president, I suggest you continue with the dividing up of responsibilities anyway, so the president doesn't get overwhelmed. That could be why the president stepped down and then the vice president looked at what would be required and also said "nope." If they're still on the board, you may want to ask why they stepped down - and be prepared to listen and be open-minded about what you hear. If there are people on your board who only want to show up once a month and vote on how to spend money, that could be a problem because they may not have the desire to think about anything else because it requires more thought and a little more work.

The officers likely have specific duties written into the documents, but everyone else should have an area they could oversee, such as rules enforcement. That doesn't mean they must do all the work (you do have a life outside the association), but that member could note certain issues in an area and do more research, or the board can charter an advisory committee to do the research, with the board member being a liaison to the rest of the board.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Your advice looks good, Shelia.

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