Get 1 year of free community web site hosting from Community123.com!
Wednesday, October 27, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Remain as elected Director with no office.
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
PatJ1
(North Carolina)

Posts:254


10/10/2021 7:38 AM  
For 20+ years we haven't had elected Director's, only appointed. The current Director's were elected 4 years ago while voting on a successful dues increase and have remained. We have been operating with 3 Director's of 5.

There will be no quorum or anyone volunteering at our upcoming March, 2022 Annual Meeting. Director terms are 1 year per governing documents. We don't need Director's focusing on violations. We need Director's to preserve the viability, security, and integrity of community.

I have been President for over 6 years and have spoken to the other 2 members about taking a break. If I remove myself entirely by giving up my Director position at the March Annual meeting, one other Director, or both, will not continue, possibly leaving us without a board and stalling everything we have accomplished.

I would like to stay on the board, just don't want to be the frontman any longer. Of the 3, I am the only owner living on property.

Can I remain a Director with no position? I would like to step down as President while staying a Director. Have no idea who the President will be. Can the office of President be vacant? I'd just like to focus on maintenance and Reserve expenditures for a bit and not be the one everyone calls or stops in the parking lot.

As current Director's we are carefully putting plans in place to move the community forward into 2023 through signed contracts and quotes.

Can we have our cake and eat it too? We have had 3 MC's and multiple PM's in the past 9 years. They take way too long to address issues through multiple departments while costing the HOA money. Seeking a new management company it not an option.














Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
MelissaP1
(Alabama)

Posts:10534


10/10/2021 7:43 AM  
Typically the directors are elected by the general membership. It is then amongst those elected directors to vote for the office positions. So simply put your hat in for another position than President or stay a board member. I did that the year I left. Stayed on the board just for advice giving purposes if needed. That way I was still available to follow up on any projects the new people may need caught up to speed on.

Former HOA President
CathyA3
(Ohio)

Posts:2475


10/10/2021 7:52 AM  
Check your bylaws and see what they say about the requirements for officers and directors. Occasionally they allow for non-directors to hold officer positions, but I've never seen any bylaws that allow a non-director to be president. (They may be out there, I just haven't heard of any.)

As for directors not holding any officer position, you get that situation when you have more directors than you have officer positions (eg. a 7-person board). Your community has the opposite problem. In order to function you need a president and a treasurer at a minimum: one to sign contracts and the other to sign checks/pay the bills. Otherwise you can't conduct business.

I hear you about being tired. In theory directors should split up the work, but the president seems to get more than his or her share because so many believe that the president has all the authority.
AugustinD


Posts:1695


10/10/2021 7:54 AM  
Posted By PatJ1 on 10/10/2021 7:38 AM
Can I remain a Director with no position? I would like to step down as President while staying a Director. Have no idea who the President will be. Can the office of President be vacant? I'd just like to focus on maintenance and Reserve expenditures for a bit and not be the one everyone calls or stops in the parking lot.
-- The NC Nonprofit Corp Act at § 55A-8-40. states:
(a) A corporation has the officers described in its bylaws or appointed by the board of
directors in accordance with the bylaws.


-- Do your Bylaws require officers? Quoting them exactly would be best, as I think you know.

-- Which other NC statutes apply to your association?

-- I am sorry you have had to carry the load for so long.

PatJ1
(North Carolina)

Posts:254


10/10/2021 12:30 PM  
Our By-Law's date back to HOA creation (1980's)and make many references to the developer regarding Director's and Board positions. It's very hard to figure out what is actually says.

NC Nonprofit Corp Act-and

Defined parts of the NC Condo Act and the later NC PDC Act that specify that the new statutes apply to previously formed HOA's.

Thank you AugustineD. Bouncing post up the timeline

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Remain as elected Director with no office.



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.
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