J.D. from Indian River County, Florida writes:
Dear Mister Condo,
If the by-laws provide that the Treasurer is the custodian of the property and funds, does the President have a right to overrule the Treasurer’s decision and if so can the treasurer take the issue to the owners.
Mister Condo replies:
J.D., the Board President is the CEO of the Board and the head of the non-profit corporation that makes up your HOA. The President’s power as an executive of the association are outlined quite clearly in your governance documents. So, too, is the Treasurer’s role and duties. However, unless the documents specifically prohibit the President from overruling the Treasurer or any other Board member for that matter, he or she may be well within their right to do so. The Treasurer does not likely have the power to take the matter to the homeowners as homeowners have already elected the Board to handle the business of the association. However, the Board President does not have unlimited powers and is subject to recall, as is any elected Board Member. If the President has overstepped and enough homeowners are willing to recall the President, the matter can be handled in such manner. Again, the association needs to follow the correct procedure for noticing and holding the special election to recall the President. Another option is to simply vote the President out of office at the next regularly scheduled election. As you can see, it is unfortunate when the HOA’s elected leaders do not get along or work well together. However, the system of checks and balances in your governing documents assures that any Board Member acting out of sorts can be recalled or removed from office at an upcoming election. All the best!