|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
PeggyH
(South Carolina)
Posts:36
 |
| 01/23/2008 11:27 AM |
|
| Is there any reason we can not have 4 board members on our board,a president, vice-president,secretary, and a treasurer? Also can a board member be on the Architectural Review Board? We are in South Carolina if that helps. I can't find anything in the By-Laws or C C & R's. |
|
|
|
|
CharlesW1
(Georgia)
Posts:821
|
| 01/23/2008 11:37 AM |
|
PeggyH,
It is highly suggested NEVER to have an even number of board members (4,6,8, etc). An ODD number (3,5,7,9,etc) is always best that way a tie vote can be avoided.
Your By-laws will provide these positions for you. I will also find where this is noted in our By-laws and post it later.
Others (more experienced) will clarify my post, I’m sure
Chuck W.
|
|
Charles E. Wafer Jr. |
|
|
DonnaS
(Tennessee)
Posts:2951
|
| 01/23/2008 11:39 AM |
|
Peggy,
Your Articles of Incorporation will have the number of Board members required. If it is not there then it could be in the ByLaws but it belongs in the Articles.
DEFINITELY, NEVER EVER have an even number of BOD. Yes, a board member can be on the ARB if your CC&Rs allow for it. Ours does not and states that the ARB shall be made up of 3 to 7 members , including non members, who are of expertise in grounds, landscape, design, and architectural backgrounds. Look in your CC&Rs either in the description of the landscape approval or the ARB description and it should be burried in there. Otherwise, it can be a Board action to set up the requirements for the committee as it is under the Boards care. |
|
|
|
|
GeraldT4
Posts:934
|
| 01/23/2008 11:52 AM |
|
| PeggyH - President, vp, secretary, and treasurer, are officer positions. A Director is a Board member that may also be an officer, just depends on what your governing documents state regarding who can or cannot be an officer. The reason an even number makes no sense is because of the possibility of a tie vote. It's wise is a Board member not serve as a committee member, rather as a liaison from the committee to the Board if anything. A Board member should not be judge and jury in ARB matters. |
|
|
|
|
SusanW1
(Michigan)
Posts:2316
|
| 01/23/2008 11:53 AM |
|
I have seen many Articles that don't name the exact number of members on the Board, only that a board should exist, and the number stated in the bylaws.
Having an odd number of board members does not ensure there will never be a tie vote (remember absentions and absent members), so an odd number is encouraged.
|
|
|
|
|
GeraldT4
Posts:934
|
| 01/23/2008 11:55 AM |
|
| SusanW1 - You have to admit though, that with an even number of Board members it virtually guarantees a member abstain, or that a tie could occur. With an odd number at least there is a chance there will be no vote. |
|
|
|
|
GeraldT4
Posts:934
|
| 01/23/2008 11:56 AM |
|
| oops, I meant with an odd number at least there is a chance there will be no tie!! LOL. |
|
|
|
|
GloriaM
(North Carolina)
Posts:778
|
| 01/24/2008 3:16 PM |
|
Peggy:
The above posters have answered your 1st question of number of board members odd/even. However your last question can a board member be on the ARC, in most cases I would say yes, however there have been some documents I have seen that requires a separate ARC Committee. I would say look at your governing documents for the answer. |
|
Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
Author of "A Guide to Community Living"
Faith Management Services, LLC (North Carolina)
(704) 799-3791
www.FaithManagementServices.com
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
PaulM
(Pennsylvania)
Posts:1347
|
| 01/25/2008 6:11 AM |
|
PeggyH: Re can a B-member be on the Architectural Review Board? It is common for a B-member to act as a liaison between the Board and the Arch. Committee.
This person may sit and observe, not to give input except when asked for info.
The Arch. Committee gives their recommendations to the Board but usually does not have the final say in the decision--the Board does. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|