OFFICER TERMS

Started by DanielL3 • 8 replies • 1385 views

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DanielL3 (Louisiana)
Posts: 65

Posted:

Our HOA bylaws state; "TERM - The officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless the officer shall sooner resign, or be removed, or otherwise disqualified to serve."

One member of the Association was elected to the Board for a two year term, but
at the first Board meeting resigned. Another Association member was appointed to the Board for to fill the vacancy for the two year term. This newly appointed
member eventually became the President of the Association due to the resignation of the presiding President. Her term as President will be 7 months. In August of 2008
there will be the ANNUAL membership meeting where 3 Board members will end their terms. The current President has one more year from Sugust 2008 to August 2009 as a
Board member. Can this person be elected President again by the Board for the year
2009?

KarenS11 (Florida)
Posts: 148

Posted:

Quote:

Posted By DanielL3 on 04/24/2008 8:56 AM
Our HOA bylaws state; "TERM - The officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless the officer shall sooner resign, or be removed, or otherwise disqualified to serve."

One member of the Association was elected to the Board for a two year term, but
at the first Board meeting resigned. Another Association member was appointed to the Board for to fill the vacancy for the two year term. This newly appointed
member eventually became the President of the Association due to the resignation of the presiding President. Her term as President will be 7 months. In August of 2008
there will be the ANNUAL membership meeting where 3 Board members will end their terms. The current President has one more year from Sugust 2008 to August 2009 as a
Board member. Can this person be elected President again by the Board for the year
2009?

Unless your docs impose a term limit, the person can be elected the next year.* Your docs are just setting the term of office for the officers at one year.

So, while they state that "each shall hold office for one year unless the officer shall sooner resign, or be removed, or otherwise disqualified to serve", that doesn't rule out that same person being re-elected by the Board the following year, provided none of the three exceptions come into play.

* I guess you should check state law, too. But I can't imagine any state making a law requiring term limits, as hard as it is for some of us to get warm bodies to serve on the board!

MicheleD (Kentucky)
Posts: 4,491

Posted:

All of our directors are elected to one-year terms, and our bylaws specify that officers terms are for one year, as well, with no officer serving more than 3 years consecutively in the same office.

So we elect directors every year, they elect officers every year, but if one person is on the board 4 years in a row and elected by the board to president for 3 years in a row, he/she cannot hold the office of president that 4th year, but can still be on the board and hold a different officer position, if she's elected to it and if she wants to.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Daniel asked: "Can this person be elected President again by the Board for the year 2009?"

First of all, please let us know if the officers are elected by the members or if they are "elected" by the board members. If the latter, then this person can be elected as Pres if the other board members wish her to hold that position. The only way you can ensure she never holds that position again is to do all you can to prevent her from being elected to the board. Once on the board, it will be up to the other board members to decide.

Unless the officers are elected by the members of your assn, this has nothing to do with term limits.

BradP (Kansas)
Posts: 2,640

Posted:

Daniel:

Unless you have term limits yes, many associations have presidents who serve for many consecutive years. The better question is do you guys want this person to be president again?

MonicaE (Nevada)
Posts: 21

Posted:

That President will be automatically on the board, but will have to be nominated and re-elected to the office of President by the Board after the new membership meeting. That person does not automatically assume the position of President.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brad,

Wouldn't term limits only apply if the officers were elected by the members? I've asked that question of Daniel, but no response as yet. If the officers are elected or appointed by the board, term limits is a moot point as that person would not have been elected by the members if not qualified to run, right?

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By MaryA1 on 04/25/2008 2:14 AM
Brad,

Wouldn't term limits only apply if the officers were elected by the members? I've asked that question of Daniel, but no response as yet. If the officers are elected or appointed by the board, term limits is a moot point as that person would not have been elected by the members if not qualified to run, right?

Mary:

Not necessarily, it would depend on how the term limit was worded. Either way if an association has a limit on the consecutive years you can be a president or hold a specific office it doesn't matter if you are voted in by members or the board.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thx, Brad, that does make sense!

In re-reading Daniel's message I note he does say the officers are elected by the board for a 1-yr term. However, it doesn't say they cannot be re-elected, so I suppose this gal could serve as Pres. again.

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