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BettyE1 (Florida)
Posts: 4
Posted:
Florida HOA with now 78 members. New DRAFT Amended and Restated Bylaws have been sent to the homeowners for their input.

Section 7. Multiple Offices. The office of President, Vice President, Secretary and Treasurer may be held simultaneously by the same person.

What are y'alls thoughts on this matter?
BrianB (California)
Posts: 2,820
Posted:
Unless you have no board members, I think those offices should be nominally separate.

If you have a three person board, someone has to double up. If you have a one person board, then ouch.

I wouldn't "outlaw" the ability to serve multiple posts, but I wouldn't expect it except in odd circumstances. (except for secretary/treasurer... that one is often combined for some reason).
RobertG (Arizona)
Posts: 505
Posted:
Our rules don't require an officer to be a board member. Just has to be an association member.
LauraR2 (West Virginia)
Posts: 41
Posted:
My biggest problem with it is that in our POA, the checks must be signed by the Pres. and the Treas. You might want to look into that possible conflict.

On smaller boards sometimes people have to double up, but you might want to keep Pres./Treas. separate.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I understand it's OK for

Pres - Sec. and VP - Treasurer

I HAVE seen one-man boards, but not with 78 members to draw from!

GeraldT4
Posts: 1,022
Posted:
BettyE1 - To each their own, and take this for what you will but I don't think your amendment is a good idea. As worded "person" may need to be stated as "Member". "Member" should be defined in your Master Deed. By stating, "person" you open yourself up to the possibility that any "person" can be an Officer of the Board. If that is what your Association agrees to better you than me. But in my humble opinion those at the front of the table must have a vested interest, and a legal tie to the land, in other words be owners. Otherwise, what would you do if your President was a girlfriend of a "Member" perhaps owner in your HOA and they broke up? She moves out of the Association but is still President. Okay, so maybe the Board has the ability to remove her from office because your Bylaws permit the Board members to do this. However, it presents a procedural issue for the governance of the Association. Owners do indeed make bad decisions, but I believe they are less likely to $%^& where the eat.

The more broad ethical question is that if approved you will create the possibility for a concentration of power. My By-laws state the principal officers of the Association shall (must) be a President, a Vice-President, both of whom shall be Members of the Board, a Secretary, and a Treasurer. Members of the Board must be Members of the Association, Members of the association must be owners. Any two (2) offices, except that of President and Vice-President, amy be held by one person.

How did this concept of amending your Bylaws and perhaps your Master Deed (depending on where the coincident language is defined) come about? Was there a committee established to look into it? Was there a petition or more broadly voiced request from owners to the Board to draft something to expand the power? Or was this concept hatched from a minority, if so was it non-Board members, or Board members that came up with the idea?

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