Get 2 months of free community web site hosting from Community123.com!
Thursday, October 17, 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: Does a BOD have to have a "President"
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RandyS
(Colorado)

Posts:29


11/13/2005 8:17 PM  
Can an HOA function legally without someone being given this title?

RogerB
(Colorado)

Posts:5067


11/14/2005 3:17 PM  
>Can an HOA function legally without someone being given this title?

The short answer is Yes.

The Vice President functions as President in the absence of the President or failure of the President to take action. In the absence of the President and the Vice President then the Secretary occupies the Chair. However, this should only be a temporary situation which needs to be corrected ASAP. Also, there may be some activities which some Bylaws may limit to be done only by a specific officer (not a good idea).
RandyS
(Colorado)

Posts:29


11/16/2005 7:11 AM  
Thank you. sorry for the mis-spelling in the title there, keyboard acting up here.

Randy
LisaS
(Illinois)

Posts:341


11/17/2005 7:27 PM  
Does your declaration/covenants list specific officers and/or functions for positions?

If they specify that there will be a President, then you could function in the short term without one, but you may be required to hand the title to someone in the long run.

Lisa
JimR
(Colorado)

Posts:21


11/18/2005 7:59 AM  
Yes! In most Articles of Incorparation, or Bylaws or Covenants, there is a statement about the need for particular Offices for Directors and how many. If a President is temporaily not available the Vice takes over, then the Secretary is next in line but can only open the meeting and the members attending have to appoint a Chairman pro-tem for that particular meeting which then acts as the temporary President in function. But if a President resigns, a replacement has to take place asap. because usuall he is the legal signature for the Association.

Annual meetings usually require at Least 3 Board Directors in attendance and the President and Secretary are required to be in attendance. And if you have poorly written legal docments you can get by with the above scenario.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Does a BOD have to have a "President"



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