Titles of Board

Started by MaureenM1 • 7 replies • 2270 views

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MaureenM1 (PA)
Posts: 344

Posted:

This may be a odd question but here it goes.

Our President (who is also the Declarant) is the President of our Association. Myself and my neighbor were elected when 25%
of units were sold to be on the board (last year), however, we do not have specific job titles (ie. secretary, treasurer, etc.).

The President always reminds us that he has the majority of votes (3) and the Declarant is actually his family's corporation but it was never specified who he appointed to the board and their titles.

Even so, should we all have specific titles or are we members of the Executive Board. The President has a title. Our CCR's list specific titles. (ie president, secretary, treasurer) We are under Declarant control so could that be why we don't have specific titles.?

Today, we received an email address Dear Board from our PM and two names were on it that we did not recognize. When the other resident board member asked who they were the PM said they were "assistants" to the President.

When emails are addressed to the Board, should non board members be addressed on the email. Should our titles be specified. They
were not specified at the election last year.

thanks,

GloriaM (North Carolina)
Posts: 829

Posted:

Maureen:

Although governing documents vary state to state; the norm is at 75% sold does the owners elect and take control. Therefore I am to assume the Declarant (at 25% sold) elected you and the other as liaison (officers in training if you will) Look in your doc's and see; it will probably state that the declarant will still be class B (meaning he has 3 votes for every class B lot) until 75%.

Since he/she still has an interest in the development he/she wants to retain the votes. As liaison to the board you should have a Title usually a lesser role until the owners take control.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Generally, in a board of directors, "titles" are not "awarded" to individuals. The board typically elects people to officer positions. Those officer positions carry with them the "title" of the office.

So, without knowing the process for electing officers that your association requires, "titles" would not be appropriate for anyone, unless, of course, they actually ARE holding that specific officer position.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Let me clarify one more thing.

The "people" that the board typically elects to officer positions who are members of the board of directors.

MaureenM1 (PA)
Posts: 344

Posted:

Myself and the other board member was elected to the Executive Board by the Unit Owners, not appointed by
the Declarant.

Our CCR's read....

Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units to Unit Owners other than
the Declarant, two (2) of the five members of the Executive Board shall be elected by Unit Owners other than Declarant.

(the Declarant also owns several units and his brother owns one). They both submitted their names on the ballot as unit owners. The Declarant is the President) and his corporation is listed as the Declarant. They ran against myself and the other board member who is a unit owner). Regardless, we were voted onto the board by the owners.

after 75% of units have been conveyed to unit owners other than the declarant, all members of the Executive Board shall resign,
and the Unit owners (including Declarant to the extent of Units owned by the Declarant) shall elect a new five member Executive Board.

There is no reference to class A or B votes, however, I am hoping when we are at 75% sold (which will be soon) the Declarant has one
vote per unit owned since owns 9 units to date (that he rents) and is building 8 more units (which some are sold and he may rent others). 4 lots he is not building on until the market picks up. When are development is complete is will be 40 homes.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maureen,

As others have stated, the particular officer positions should be outlined in the bylaws. If there are 4 officer positions and 5 board members, usually the 5th board member is referred to as a "director" or "member-at-large". All board members are directors, but not all directors are officers.

I know we've discussed the number of votes the declarant has, but here goes again. While in control the declarant usually has more than one vote per unsold lot. After declarant control he only has 1 vote per unsold lot. In addition, he is entitled to 1 vote for each lot he personally owns. These votes are for votes cast by members; these are not board votes. The declarant only has the majority vote on the BOD because he has handpicked the majority of the board members and they most likely will vote with him. When 75% of the lots are sold and the membership elects a new 5-member BOD, even if the declarant were to be elected to the board (as a property owner he has the right to seek office!) he would no longer have a majority vote. He would only have 1 vote, the same as all the other board members.

MaureenM1 (PA)
Posts: 344

Posted:

Thanks Mary, you are always so helpful.

MaryA1 (Arizona)
Posts: 7,043

Posted:

My pleasure, Maureen!

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