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!
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.
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.
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
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!
Our Director Election was Sept 9th, 2020 (3 member BODs, 7 candidates ran, top 3 installed that night). Oct 7th, President resigned and three remaining 2 BODs called the 4th highest voted for candidate. He told them he is interested, but they told him they are considering another person too (not even one of the candidates). Can our Membership cry “foul” if they do not install 4th highest Voted for candidate? (this is within 30 days of the election, and affects 200 Owners, and where 119 voted!!)
J.R., the answer is in your governing documents. Typically, it is up to the Board to appoint replacements to the Board, not the membership. The timing of this resignation stinks because had this individual resigned before the election, the 4th place finisher would have been the 3rd place finisher and elected to the Board by the membership. Hopefully, the Board will appoint the 4th place finisher but I doubt that they are obligated to do so. All the best!
2 QUESTIONS
Our HOA President resigned & the VP position is vacant. Does the 3 remaining current Board, (Secretary, Treasurer & Member at Large) have the authority to appoint an interim President?
Our annual meeting is in September. Some residents have called an emergency meeting without the current Board being informed to “address future leadership” . I don’t think the residents have the authority to call their own meeting when there is an active Board of 3. Can you please advise??
K.P., unless your governing documents state otherwise, the remaining Board Members have the authority to appoint directors to fill out the terms of the vacated positions. They also have the authority to decide which director will fill the officer positions, including president. If residents wish to call a meeting of the entire association, they need to follow the rules for doing so s well as state law. This typically only happens for a “recall” election where they are trying to remove one or more members of the Board and elect one or more new members. With the annual meeting right around the corner, there may not be enough time to properly hold a recall meeting. Good luck!
We had a board meeting tonight and election for 2 spots. While the first person with most votes may not have been the pick of the century, the President resigned. The 3rd runner up was only 2 votes behind the 2nd person. The board decided immediately that they would fill the role on their own shortly. It was stated shouldn’t the runner up be elected on. to the board? They hushed the homeowners and would not comment. While this is unethical in my eyes and not morally correct as it was election day and we have spent a lot of money on election, our CCRs do not cover. This is in NV and we have many issue with our board at this time. Is this proper?
J.R., I am sorry that you are having issues with your Board. However, from what you have described, this transaction was handled correctly. When a Board member resigns, even the President, it is incumbent on the remaining Board members to fill the vacancy. Association members do not typically have any say in the matter until the next election cycle. Unless you governing documents state otherwise, and apparently they don’t, the decision is up to the Board, not the association members. All the best!