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WH1
Posts: 11
Posted:
I was elected as a director in March 2008, and as VP in March 2009. Our elected President resigned last July; while another director resigned at the end of August. The board appointed a director in September to replace the one who left in August. We had an election last week and I was elected President while the director that was appointed in September was elected as Secretary. Shouldn't I have taken on the Presidency by default and finish the President's term which ends in 2011, or am I up for election then in 2010? Who is the President's successor in this case? Thank you.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Who is the "we" that held the election.
The Board?
If so, Why was there an election in mid-term since there were officers to fill in the posiitons?
Look to your bylaws for the answers.
MaryA1 (Arizona)
Posts: 7,043
Posted:
WH,

If your bylaws state the VP shall assume the duties of the Pres if he resigns or is incapicitated then you should have assumed his duties last July; however that does not mean you would also assume his term of office unless you were elected or appointed to the office of Pres at that time. Now that you have been elected as Pres your term of office is whatever the normal term of office is for an officer or Director.

Does the membership elect directors who, in turn, elect the officers among themselves, or does the membership elect the officers? Did the members vote in the election held last week or was it just an election among the directors? What do your bylaws say about terms of office?
WH1
Posts: 11
Posted:
Susan, I meant the Board by "we".
MaryA, yes, the membership elect directors who, in turn elect officers among themselves. It was an election by the board that was held last week.
GlenL (Ohio)
Posts: 5,491
Posted:
WH your term as director ends when it normally ends, and you would need to be re-elected. The BOD could then re-appoint you as president.

Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
I disagree. She now assumes the office of president and that term that goes with it.

Someone needs to be appointed to fill HER empty term until election time for that slot.
GlenL (Ohio)
Posts: 5,491
Posted:
Susan if WH were not on the Board and was appointed to fill the others term yes but evidently the BOD just voted to make WH president in which case WH's original term would expire when it normally would.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan & Glen,

The more I think about it the more I am inclined to agree with Glen. Since WH was already a board member, he had already been elected to a specific term of office. To change his term of office because he's been elected to a new officer position could really result in much confusion, especially if the board decided at some point in time to remove him as pres. No, I don't believe it would be proper for a sitting board member to have his term of office changed because he is elected to fill the position of another board member whose term of office is different.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Oops, I didn't read closely enough.

I'm having a brain fart - Why is a board having elections at this time?

GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SusanW1 on 10/12/2009 6:30 PM
Oops, I didn't read closely enough.

I'm having a brain fart - Why is a board having elections at this time?


Since the H/O's evidently elect the directors who then elect the officer positions as many HOA's do. I believe it is the election of officers by the directors that WH is referring to.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By WH1 on 10/11/2009 11:34 PM
Shouldn't I have taken on the Presidency by default and finish the President's term which ends in 2011, or am I up for election then in 2010? Who is the President's successor in this case? Thank you.

WH unless your CC&R's state differently upon the president's resignation you would not have automatically become president. In effect you would have had the duties without the title until a new president could be appointed. In the corporate world this person is often known by the title acting president until the BOD fulfills their job and either appoints that person or a new person as president. This is not the same as for example the government where a clear line of succession is outlined but like GM when the old president resigned the new one had to be appointed (elected) by the BOD.

Studies show that 5 out of 4 people have problems with fractions

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