president and vice president do not show up for annual meeting with owner present

Started by CynthiaM8 • 11 replies • 132 views

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CynthiaM8 (Arizona)
Posts: 4

Posted:

President and vice president does not show up for annual meeting when owers are present. they either show up at a earlyer
time in the day of meeting, and then do not show up for meeting when owners are present. How can we re-elect a new president and vice president legally? happened several times

TimB4 (Tennessee)
Posts: 21,059

Posted:

A different member of the board runs the meeting OR the owners present vote for someone to run the meeting.

Is this the required annual meeting with proper notice?

or is this a meeting called by the owners to replace the board?

Side question - was there a quorum at that meeting?

KerryL1 (California)
Posts: 14,550

Posted:

With Tim, there's no requirement for any Board member to attend a meeting of the members(owners), though generally the Board president does preside. If not, as Tim notes, a different Board member can preside, or the owners can appoint an owner to preside.

But Cynthia, you are mistaken. Owners do not elect the President, V.P. treasurer, i.e., the officers. At the annual meeting and election, owners elect the board of directors. After that, the new board meets in a board meeting and elects the president, etc.

Usually the "old Board" and continuing board members want to attend the annual meeting to see who is newly elected, etc. Or, even to vote if voting in person or by proxy is required AT the annual meeting.

Tim asks if a quorum of owners is required at the annual meeting in person or by proxy (or by mail-in ballot, if permitted.) Please answer. A "quorum" is a required number of owners that must be present in person,by proxy or by absent ballots (if allowed.) If you Bylaws required a quorum, some, like mine do not, a meeting & election cannot be held if a quorum isn't present

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KerryL1 on 03/10/2025 2:37 PM

But Cynthia, you are mistaken. Owners do not elect the President, V.P. treasurer, i.e., the officers.

Note: this varies by Association.

My current Association has the membership voting for the officers, as well as, directors.
Granted, this is not the norm and it happens because those who wrote the Bylaws did not understand the difference between Directors and Officers.

For those that might not know:

Directors are individuals elected by the membership who, by majority vote, make the decisions for the Association.

Officers, implement those decisions and perform the day to day tasks of running the association (collecting assessments, paying bills, handling member requests, etc.)

Typically, one individual will be both a Director and an Officer. When this occurs, that individual has two jobs.
As a Director they would cast a vote on issues and as an Officer they would perform any action the outcome of the voting requires.

KerryL1 (California)
Posts: 14,550

Posted:

While, exceedingly rare, Cynthia, it's possible that Owners do elect officers, i.e, Prz.,VP ect. Please check your Bylaws to see WHO elects officers and let us know.

At the annual meeting you refer to, did owners elect directors

CynthiaM8 (Arizona)
Posts: 4

Posted:

Yes we voted (owners)them both at our first meeting of the association. But that was the only time they were present for meetings. they changed meeting times a few times AND when they did they did not show up themselves. This is why its so frustrating.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well, the fix is to gather support and vote in someone other than them. Perhaps you.

CynthiaM8 (Arizona)
Posts: 4

Posted:

we plan to bote for a new member but is it legal to do so?

CynthiaM8 (Arizona)
Posts: 4

Posted:

sorry meant to say we plan to vote for a new president and vice president but the above said the board can only do that. Is it legal for owner to vote for a new officers

KerryL1 (California)
Posts: 14,550

Posted:

Tim points out that Owners might elect officers, but I added that it's very rare. The ONLY way to know is to read your Bylaws. If difficult to read, maybe you know someone who explain them.

Your Bylaws also will tell you how many directors your HOA should have. Usually it's an odd number like 3 or five or seven. But sometimes it's a range, e.g., 3 to 5 directors are required.

The Bylaws also discuss two kinds of meetings. Meetings of the members (owners) and Board meetings. AS pointed out above, Members meetings do no need ANY directors there.An owner cna presided over the meeting. BUT, you need to read your Bylaws about how to hold an Oweners meetings.

If you don't have a copy of them, get them--perhaps from your community manager. Do you have one?

It's impossible to answer some of your questions without knowing what's in your Bylaws.

What size is your HOA?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CynthiaM8 on 03/10/2025 4:20 PM
sorry meant to say we plan to vote for a new president and vice president but the above said the board can only do that. Is it legal for owner to vote for a new officers

Typically, you would vote for new Directors and the directors would appoint someone to serve as president. If those individuals are not serving as Directors, I doubt they would be appointed as officers.

If your governing documents specify that the association votes for officers, then you vote for officers at the annual meeting regardless of who is there.

You will have to read your governing documents to determine who the members vote for.

MichaelS56 (Minnesota)
Posts: 858

Posted:

Take a moment to look at your Bylaws and read about the Annual meeting. Also, Arizona has two laws A.R.S. Section 33-1804 (B) and 33-1248 (B). It is so sad that people who choose to be in leadership positions do not do their job in a professional manner.

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