2 Presidents

Started by JasonC • 6 replies • 1644 views

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JasonC (California)
Posts: 22

Posted:

Is it legal to have 2 Presidents in an HOA. Both serving at the same time and with the same authority. Our CCR only states the responsibilties of a President. Our HOA has two(with no other officers on the governing board). We are a small 3 unit HOA. I didn't go to the last meeting and they voted(somehow) that each of them be President. What can I do? I can't afford a lawyer at the moment.

BrianB (California)
Posts: 2,820

Posted:

i would say no.

you can have a president and vice president. you can have a president and president assistant. i don't think you can have two at the same time.

RogerB (Colorado)
Posts: 5,067

Posted:

Jason, with only 3 members why would you care enough to get the advise of an attorney? One President, one VP, and one Sec/Treasurer would complete your Board and fill out your association nicely

JasonC (California)
Posts: 22

Posted:

There is no VP, no Secretary, and no Treasurer. Only two Presidents and me the only non-officer. They can have meetings without me. They can fine me. The have the green light to do anything they want and they do. I don't live there but I have tenants. They have harrassed my tenants. They try to get my tenants to sign agreements and speak with them without my knowledge. My tenants are stressed out. They have hired a contractor that one of the Presidents uses on her other properties. He basically is tearing up our property. They won't sue him or fire him. What can I do? Is this right? Is this legal?

JulieS (Georgia)
Posts: 412

Posted:

What do your covenants state?

JasonC (California)
Posts: 22

Posted:

The role of the President is supposed to rotate to each unit. During the initial meeting of the HOA the first President was supposed to be established. After that, the role of the President is supposed to rotate to each unit. This was never done, so there has never been a "formal" President. I have constantly asked who is the President. No one(none of the other 2 members) would give me an answer. I am the newcomer. The other two were there when the HOA was established. I have never been President and I have been there 4 years. The HOA is spending money at their will and doing a lot of things that are lawful. These 2 Presidents got together at a meeting a couple of months ago and voted themselves Presidents and they put a lien on my property. I can sue them for putting the lien on my property and win, I am not concerned about that but I need to know if there can be 2 Presidents. If not, this is fraud(or something).

BrianB (California)
Posts: 2,820

Posted:

i should copy this advice...

Read your by-laws. then read them again. know them inside and out, back and forward. the by-laws are the absolute rules in how the HOA MUST be run.

then, check the state laws regarding HOA's... they are the only rules that supercede the bylaws.

when you know both, better than the board, you can simply call them on each and every action, and you have the rules to back you up. When you know the rules better than the other players, you will win the game.

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