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Ex Officio priviledges


Guest Stevemjames

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With the exception of President and Vice President our condominium bylaws allow for the appointment of non board members to act as Secretary, Treasurer etc. The Board has appointed a Secretary and is now attempting to declare that the appointed position is, under Roberts Rules of Order, an ex officio voting member of the Board with full rights and privileges. Our bylaws allow for the appointment of Committees such as Finance etc. However, the bylaws require that these committees must consist of at least of two or more Directors and spells out the authority they have. The bylaws do spell out the responsibilities of the Secretary but are silent as to whether the position is grant voting privileges. Without being specifically being granted the authority in the bylaws, are such appointees in fact now ex officio voting board members? If so, does this not change the intent of having an elected Board with the authority to govern the association?

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With the exception of President and Vice President our condominium bylaws allow for the appointment of non board members to act as Secretary, Treasurer etc. The Board has appointed a Secretary and is now attempting to declare that the appointed position is, under Roberts Rules of Order, an ex officio voting member of the Board with full rights and privileges. Our bylaws allow for the appointment of Committees such as Finance etc. However, the bylaws require that these committees must consist of at least of two or more Directors and spells out the authority they have. The bylaws do spell out the responsibilities of the Secretary but are silent as to whether the position is grant voting privileges. Without being specifically being granted the authority in the bylaws, are such appointees in fact now ex officio voting board members? If so, does this not change the intent of having an elected Board with the authority to govern the association?

No rule in RONR makes an appointed secretary of the board a member ex officio with voting rights. It is not uncommon, for example, for an executive secretary to be the secretary of the board without being a member of the board.

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With the exception of President and Vice President our condominium bylaws allow for the appointment of non board members to act as Secretary, Treasurer etc. The Board has appointed a Secretary and is now attempting to declare that the appointed position is, under Roberts Rules of Order, an ex officio voting member of the Board with full rights and privileges. Our bylaws allow for the appointment of Committees such as Finance etc. However, the bylaws require that these committees must consist of at least of two or more Directors and spells out the authority they have. The bylaws do spell out the responsibilities of the Secretary but are silent as to whether the position is grant voting privileges. Without being specifically being granted the authority in the bylaws, are such appointees in fact now ex officio voting board members? If so, does this not change the intent of having an elected Board with the authority to govern the association?

The rule that makes your non-board-member Secretary an ex-officio member of the board will be found in your bylaws, most likely. If it's not there, then it probably isn't the case, unless some other rule somewhere says so. If the Secretary is ex officio a member of the Board, then that position comes with all the rights (making motions, debating, voting) of a Board member at Board meetings. If not, then the Secretary takes the minutes and keeps quiet.

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The rule that makes your non-board-member Secretary an ex-officio member of the board will be found in your bylaws, most likely. If it's not there, then it probably isn't the case, unless some other rule somewhere says so. If the Secretary is ex officio a member of the Board, then that position comes with all the rights (making motions, debating, voting) of a Board member at Board meetings. If not, then the Secretary takes the minutes and keeps quiet.

The rule that makes your non-board-member Secretary an ex-officio member of the board will be found in your bylaws,...

That makes no sense. Nor is it true that the non-member secretary must remain quiet, since he will regularly read minutes, resolutions, or documents when called upon to do so.

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That makes no sense. Nor is it true that the non-member secretary must remain quiet, since he will regularly read minutes, resolutions, or documents when called upon to do so.

Re: being quiet, I retract. I meant (and was not clear obviously) that the secretary would not be making motions, debating or voting, as I had referenced in the previous sentence. It goes without saying, though it bears doing so, you make a valid point. I must avoid such expository stumblings.

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Re: being quiet, I retract. I meant (and was not clear obviously) that the secretary would not be making motions, debating or voting, as I had referenced in the previous sentence. It goes without saying, though it bears doing so, you make a valid point. I must avoid such expository stumblings.

Gotta watch out for the crocs. wink.gif

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