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TaraR (Arizona)
Posts: 24
Posted:
I found in an earlier posting some information on the removal of a President. My current association has a president that is making many decisions, spending money without the vote of the other two board members. From what I understand of the previous post is that the other two board members can remove the president from off, but not from the board. Then, how is a president voted in with the other two members? There's no clear definition other than voting occurring with a 2/3 quorum, which in my community is difficult due to lack of participation.

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Posted:07/27/2006 2:55 PM Quote Reply
Terrie, your By-laws should advise on removal of the President. Usually the Board can remove any officer from office but not from the Board. To remove a Board member, including any officer, usually requires a vote at a duly called members meeting. Duly called means that notice of the meeting includes consideration for the removal of specific Board members. There must be a quorum present to call the meeting to order to conduct business. Roger Borcherding
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DARCO Property Management (Colorado)
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RogerB (Colorado)
Posts: 5,067
Posted:
Tara, if your By-laws do not provide for the Board members to elect a new President when the President is removed from office then the VP is the acting President. If the By-laws state officers are elected by the members you will have to wait until such time as the members elect a new President. And if there is no VP then the Secretary is in charge and chairs meetings.
TaraR (Arizona)
Posts: 24
Posted:
Roger, if the other board members vote to remove the president from the office but can not vote from the board, what kind of a position does that president hold if he/she is elected out of office but not removed from the board? I'm assuming he/she can vote on issue, but will no longer be able to approve activates for the association without majority vote, correct (as the VP would assume that reasonability)?
BrianB (California)
Posts: 2,820
Posted:
if an officer resigns from their office, then they become a "simple" board member, with all the roles and responsibilities of any other board member. Same for removal from office.

If they are resigning from the board, or removed entirely from the board, then they become an owner, with all those roles and responsibilities.

RogerB (Colorado)
Posts: 5,067
Posted:
Tara, Brian has answered your question. If the other Board members vote to remove the President from that office then the ex-president is simply a Board member. They could also be elected to another office if there is a vacancy.

With regards to your comment "will no longer be able to approve activates for the association without majority vote, correct (as the VP would assume that reasonability).
The President, nor an acting President, under normal conditions should not act unilaterally: a majority vote by the Board is required on most issues.

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