Who Replaces the Resigned Condo Board President?

R.L. from New Haven County writes:

Dear Mister Condo,

When the association President resigns, does the VP take over, at least until another board member is selected? are there any formal steps that have to be taken to replace the board member? I know that the final vote is determined by the remaining board members.

Mister Condo replies:

R.L., unless your by-laws state otherwise, that is exactly what happens. Although there is often a flurry of activity if the VP isn’t interested in serving and I have seen Boards hold special meetings where they then select from amongst themselves who will fill the various officer positions. The reality is that while the President of the Board does have some extra duties and powers as President, the primary role is to preside over Board meetings. Some volunteer Board members are simply uncomfortable in that role so if the VP isn’t up for the challenge, the community would be better served having the Board reelect the officers so that no role goes unfulfilled. Many association by-laws do not address what happens within the officer positions, only that the vote is held amongst the Board members following the Annual Meeting or such other time as the by-laws designate. If your Board is functioning well in between those assigned times, I suggest it is best to leave well enough alone. All the best!

4 thoughts on “Who Replaces the Resigned Condo Board President?

  1. If condo rules specify that no kind of business can be done by homeowners, what can be done to homeowner who is buying and selling products from unit.

    1. As long as a unit owner isn’t conducting any business that requires customers to physically come and go from the property, there may not be too much the association can do. Buying and selling products as a basis of consideration of the activity as a business would be quite difficult to prove, in my opinion, as other unit owners likely buy and sell things from their units as well. Now, if there were delivery vehicles coming and going from the unit and it was clear that the unit owner was using the unit to store inventory, there may be a case to make. Check with your association attorney to learn more.

  2. Condo Assn-Executive Session-BOD Pres Resignes-Member Ammends Agenda to vote for a new President. 4 BOD membersvwere aware in advance of this resignation, along with some homeowners. VP was not consulted and by passed. New BOD member was voted in. At the following Regular Board Meeting the BOD President again announced he was resigning and gave all the reasons. He did not announce a vote was taken in Executive Session to replace him. The VP was bypassed. No reason given. The BOD member who was elected by 4 of 7 BOD members, in Executive Session, simply took over. No announcement or new vote.
    Were these actions inappropriate??
    State of Colorado – Denver

    1. D., without reviewing your exam governing documents, it is impossible for me to give an opinion on whether or not the actions were appropriate. Typically, resigned Board members’ replacements are appointed by the Board. The same is true for Officer positions. In other words, a Vice President isn’t automatically appointed President if the President resigns. The Board conducts its own voting measure to replace the officer until the next regularly scheduled election. Unless you see something in your governing documents that makes this a foul, it sounds legit to me. All the best!

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