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Subject: trustee/officer
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TerriB1
(New Jersey)

Posts:4


05/21/2006 4:46 AM  
New to my board voted in as trustee and then at following meeting voted in by the trustees as the treasurer. My question is do the officers come only from those elected as officers, or if it is known that a homeowner outside of the trustee board was interested in an officers position could they be elected.
TerriB1
(New Jersey)

Posts:4


05/21/2006 4:48 AM  
My question is do the officers come only from those elected as trustees...correction to the above question
RogerB
(Colorado)

Posts:5067


05/21/2006 9:24 AM  
Terri, it depends on what your By-laws say. Usually only Directors (trustees) may be Officers. However, the By-laws often allow others to perform certain functions for an Officer. For example, the by-laws normally require the Secretary to take minutes of meeting but allow another to be appointed to perform this duty. As the Managing Agent I am appointed to record the minutes at meeting I attend.

The homeowner might be assigned as assistant Secretary, a Recorder, assistant Treasurer or Chair the Finance Committee.
TerriB1
(New Jersey)

Posts:4


05/22/2006 2:25 AM  
Thanks RB just wondering because there is a long section of trustee duties, then further in the back of the by-laws it mentions the officers. Here is states the Pres. and Vice pres. "Shall" be members of the board of trustees which could appear to be they are added to the 5 (elected trustees). Then says the board my also appoint assist. Treas, and Assist. Secs. They also say the officers of the association shall hold office at the pleasure of the board of trustees. Such wording just makes it appear that the positions are more seperate ie. their are 5 trustees and then 4 seperate officers positions morese than trustees being officers, if that makes sense.
RogerB
(Colorado)

Posts:5067


05/22/2006 6:29 AM  
Terri, I interpret this to be 5 total elected trustees and they comprise the entire Board, are eligible to vote at Board meetings, and are counted in the quorum requirements.

The officers are elected by those 5 trustees and may be removed from their office (but not from the Board) by those trustees. There usually are 4 officers - President, VP, Secretary, and Treasurer who usually are trustees. In your By-laws only the President and VP must be trustees. Your By-laws appear to allow non trustees to be the Secretary and the Treasurer but this is not SOP. Appointment of non trustees as Assistant Secretary and Assistatnt Treasurer is common in By-laws but not commonly practiced.
TerriB1
(New Jersey)

Posts:4


05/22/2006 2:39 PM  
Thanks again for your answers as I said I am new and just trying to get a better understanding of this stuff.
So in essence I guess I understand the meaning of "the officers shall hold office at the pleasure of the board, means if the other board members do not feel the person they elected to a particular office is sufficient for the job they can vote to remove them out from that position, but they still remain a trustee. The wording of these by-laws is very confusing to me.

So there are 5 trustees 4 which are trustees/officers. Do they answer to the president. For instance if 2 or three of the board member have a discussion they agree on and choose to inquire to anyone within the organization (hired vendors, contractors, management company)to get answers do they have to get the permission of the President before this is done.

Does the president decide what the other board members do?

What exactly is the role of the President, because our by-laws just say he/she is the chief officer, shall preside at all meetings of the association, all board meetings and shall have all general powers and duties which are normally given to the office of President of an association. also states they have the power to appoint committees among the members of the association as they may deem necessary to help in the affairs of the association.
RogerB
(Colorado)

Posts:5067


05/22/2006 3:59 PM  
Terri, the President is the most powerful Officer on any Board or political organization. The By-laws should spell out the basic duties of every officer. Beyond that the Board decides, usually by consensus, other duties and responsibilities each Board member. Contracts often specify who shall be the HOA's representative with the contractor. MC Agreements vary, all of our Agreements allow direct access by any member.

When 1, 2 or 3 trustees want to inquire to get answers it depends on the policies -written or understood of each Board. If in doubt it is best to either ask the President, who should be experienced and knowledgeable on most matters. Or at least make the other trustees aware (e-mail) of a contemplated action and give them time to respond.

SwanB
(Washington)

Posts:199


05/24/2006 6:20 AM  
Your president is the most powerful position on the Board with the right to appoint committee members or disband those committees, as he or she deems necessary. The president is also the one who would set the agenda for the Board meetings and the membership meetings and preside over those meetings or facilitate them.
Your secretary is the person who is in charge of the records of the association and in many ways is also a very powerful person on the Board. When a letter from the Board needs to be written, it is the secretary's job to perform the task or have the letter written. The secretary records the minutes of the board meetings and membership meetings and makes those minutes (when finalized) available to the membership. In our HOA the secretary also manages our office and its staff.
Both the president and the secretary are usually signers on accounts or checks and legal documents i.e. bank checks, legal documents such as title companies, sales agreements, etc.
The vice president fills in when the president or secretary are unable or not available to perform their duties. For this reason, the secretary cannot also carry the title of vice president.
The treasurer is in charge of the monies and the financial accounts of the association and the reporting of the financial accounts to the Board and the membership. A treasurer could also be a vice president.
In our HOA, our bylaws set us up to have a nine member board with 3 year terms and an election at every annual general meeting. The board elects the officers at the first board meeting right after the annual general meeting (minutes after the AGM.)
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