RandyS (Colorado)
Posts: 29
Posts: 29
Posted:
Can an HOA function legally without someone being given this title?
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Does a BOD have to have a "President"
Started by RandyS • 4 replies • 3030 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
>Can an HOA function legally without someone being given this title?
The short answer is Yes.
The Vice President functions as President in the absence of the President or failure of the President to take action. In the absence of the President and the Vice President then the Secretary occupies the Chair. However, this should only be a temporary situation which needs to be corrected ASAP. Also, there may be some activities which some Bylaws may limit to be done only by a specific officer (not a good idea).
The short answer is Yes.
The Vice President functions as President in the absence of the President or failure of the President to take action. In the absence of the President and the Vice President then the Secretary occupies the Chair. However, this should only be a temporary situation which needs to be corrected ASAP. Also, there may be some activities which some Bylaws may limit to be done only by a specific officer (not a good idea).
RandyS (Colorado)
Posts: 29
Posts: 29
Posted:
Thank you. sorry for the mis-spelling in the title there, keyboard acting up here.
Randy
Randy
LisaS (Illinois)
Posts: 341
Posts: 341
Posted:
Does your declaration/covenants list specific officers and/or functions for positions?
If they specify that there will be a President, then you could function in the short term without one, but you may be required to hand the title to someone in the long run.
Lisa
If they specify that there will be a President, then you could function in the short term without one, but you may be required to hand the title to someone in the long run.
Lisa
JimR (Colorado)
Posts: 21
Posts: 21
Posted:
Yes! In most Articles of Incorparation, or Bylaws or Covenants, there is a statement about the need for particular Offices for Directors and how many. If a President is temporaily not available the Vice takes over, then the Secretary is next in line but can only open the meeting and the members attending have to appoint a Chairman pro-tem for that particular meeting which then acts as the temporary President in function. But if a President resigns, a replacement has to take place asap. because usuall he is the legal signature for the Association.
Annual meetings usually require at Least 3 Board Directors in attendance and the President and Secretary are required to be in attendance. And if you have poorly written legal docments you can get by with the above scenario.
Annual meetings usually require at Least 3 Board Directors in attendance and the President and Secretary are required to be in attendance. And if you have poorly written legal docments you can get by with the above scenario.
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