What to do? Both Presidents are ineligible at this point

We just held elections and the person that was elected President is not on the deed. (His wife is) And the person that was running against him is actually a live in boy friend.

What do we do? Install the person that won Vice-President as President?

Does Georgia state law cover this and do we get an attorney involved?

Help!

Thanks in advance for the input.

BruceR1: Unfortunately, the Board was remiss (big time!) as well as the PM, not to investigate prior to election that the nominees were official members and in good standing. A person NOT on the deed is not a member of the association, therefore cannot assume any authority, nor can he vote. Your governing docs should state whether ONLY MEMBERS in good standing can assume a role as Board member.

It may be that you have to declare this election null and void and start over, ensuring that those nominated are eligible. This person can, however, hold a position of Committee member, but again, has no power to vote on any decision/s.

Bruce, often Declarations are written by the Developer to allow non owners of record to be Board members. Thus, you need to check your Declaration to determine whether they are qualified. If they are not qualified they are not a member of the Board. In which case, hopefully your By-laws will advise on the procedure to determine a President from those qualified members of the Board.

It's me again..and once again confused. It states in our docs that you should be a member to vote but in our Articles of Incorp. and our ByLaws it states:

Articals of Incorp. states: "The members of the Board of Directors need NOT be a member of the Association and shall serve for a term as set forth in the ByLaws."

ByLaws states: "The affairs of the Association shall be initially managed by a Board of three (3) directors, who need not be members of the Association. There shall never be less than three(3) directors."

Like the above poster, we have over 50% rentals and HO's show no interest in the community let alone be on the Board of Directors...we do however have a gentleman who would like to be on the board that is not on the deed but living w/the lady that is. He has attended more meeting than the handfull that do show up from time to time....I just found out that he called the President about a HO matter and she flatly told him to butt out, he was not on the deed.....we need people like him and should welcome his help.

We also are having our Annual meeting next month. I am trying desperstely to get back on the Board...but out of the few HO's that come to the meetings, everyone has said "NO"...So what I am basically asking is: Can I ask this man to run for office?

Donna....I am most certainly going to e-mail you....There is just so much that is wrong w/our BOD's, I'm trying to get it all together...plus I was waiting on some more files from the Treasurer (she is the one now who is opposing the other Board members and they no longer tell her anything. What she gets she gets from the MC for me to work with. She is resigning at the March meeting. She is afraid she will be caught up the the wrong doing of this Board.