Get 2 months of free community web site hosting from Community123.com!
Sunday, May 19, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: BOD Elections
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
SherrillW1
(Florida)

Posts:1


03/09/2019 12:55 PM  
An amendment was made to out Articles of Incorporation to allow all members to elect the BOD. The Articles originally stated that officers and directors would be elected as one board and the board members would choose their officers.
Does any one have a guide line if the whole board is elected in one slate what positions should be included this method of electing? I am on a by-law review committee and our chairperson is suggesting that the Treasurer and Secretary should still be elected by the members.I think we should revert to the original Articles for simplicity and elect the board and they choose who will fill each position. Otherwise, I think it will confuse the members and possibly ruin the intent of the amendment.Thanks for any ideas and input.
JohnC46
(South Carolina)

Posts:8267


03/09/2019 1:25 PM  
Sher

You say an amendment was made to allow all owners to elect a BOD. Did that amendment change how the BOD Officers were elected?

Most typical (I would say 95%) is owners elect the BOD (Directors) and the BOD Directors elect their Officers such as Pres., VP, Sec., Tres.

All Officers are Directors but not all Directors are Officers.
KerryL1
(California)

Posts:6350


03/09/2019 1:53 PM  
Agree with Jon C, except that some bylaws permit officers to be non-directors as ours do. We had a director resign who'd been th treasurer and no other director would accept the position. So we directors appointed a savvy owner to that office. A few months later, we appointed her as a director too.
JohnC46
(South Carolina)

Posts:8267


03/09/2019 4:13 PM  
Posted By KerryL1 on 03/09/2019 1:53 PM
Agree with Jon C, except that some bylaws permit officers to be non-directors as ours do. We had a director resign who'd been th treasurer and no other director would accept the position. So we directors appointed a savvy owner to that office. A few months later, we appointed her as a director too.




Some docs allow a non-director/non-owner to be an Officer. In our docs, an Officer must be a Director so we could not have done what Kerry's BOD did.

To do such (as Kerry's BOD did), our BOD would appoint the person to the BOD and then hold a BOD election to appoint the person Treasurer. Granted the process would have be pre-determined in a "smoke filled back room, though none of us smoke). There are many ways to "skin a cat".
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement