Guest amyj Posted July 25, 2011 at 09:21 PM Report Share Posted July 25, 2011 at 09:21 PM we had a vote in june for new officers...no one ran against the person running for president which gave this person the winning vote. what happens if the residents association does not want to swear him in at the September meeting? can they veto him in office? our by-laws state that new officers will take will be sworn in at the september meeting. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted July 25, 2011 at 10:07 PM Report Share Posted July 25, 2011 at 10:07 PM we had a vote in june for new officers.no one ran against the person running for president which gave this person the winning vote. what happens if the residents association does not want to swear him in at the September meeting? Nothing happens.The election itself makes the election final. No installation ceremony does anything to the actual election.can they veto him in office? No.The ELECTION is where they had their chance. They didn't vote for someone else.our by-laws state that new officers will take will be sworn in at the september meeting.Interesting.But still, no installation ceremony, or lack thereof, does anything to the actual election. Link to comment Share on other sites More sharing options...
Rev Ed Posted July 26, 2011 at 12:10 AM Report Share Posted July 26, 2011 at 12:10 AM And remember, if a ballot vote is required, then the members would have had the right to vote for a write-in candidate. However, unless someone actually accepted a nomination, it is unlikely that someone else would have been elected or accepted election. Essentially once an election occurs and a person does not decline the election, the member is elected and can only be removed from office according to the By-laws. If the By-laws do not allow for the removal of officers or directors, or contain a statement that an elected person will serve a term of ___ year(s) OR UNTIL A SUCCESSOR IS ELECTED, then the person is in the position for the term. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 26, 2011 at 03:03 AM Report Share Posted July 26, 2011 at 03:03 AM what happens if the residents association does not want to swear him in at the September meeting?Too bad. If the Bylaws say that new officers are sworn in, then you must swear him in. Even if you refuse to swear him in (and violate the Bylaws), he still takes office.can they veto him in office?I'm not sure what you mean by "veto." You can't just remove him from office on the grounds that you don't like him, if that's what you mean. The disciplinary procedures in RONR require "misconduct or neglect of duty in office" for removal, and he hasn't had a chance to do either of those yet.If the By-laws do not allow for the removal of officers or directors, or contain a statement that an elected person will serve a term of ___ year(s) OR UNTIL A SUCCESSOR IS ELECTED, then the person is in the position for the term.Well, and it should be clear that even if the "or until a successor is elected" language is included, an officer may only be removed for "misconduct or neglect of duty in office" under the rules of RONR. That language just allows the organization to bypass the lengthy trial procedures and rescind the election. It would still be of no help in this instance.Unless the organization has a customized disciplinary procedure, they're stuck with this guy until he screws up or until he completes his term. Link to comment Share on other sites More sharing options...
Guest amyj Posted July 26, 2011 at 05:29 PM Report Share Posted July 26, 2011 at 05:29 PM What about if the person elected in has already taken over as President, past President resigned already, and he has lied to the residents regarding certain issues? Can they use that as misconduct? Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 26, 2011 at 09:43 PM Report Share Posted July 26, 2011 at 09:43 PM What about if the person elected in has already taken over as President, past President resigned already, and he has lied to the residents regarding certain issues? Can they use that as misconduct?One would hope that misconduct is the grounds for removal, rather than removal being the reason to find misconduct. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 26, 2011 at 11:14 PM Report Share Posted July 26, 2011 at 11:14 PM What about if the person elected in has already taken over as President, past President resigned already, and he has lied to the residents regarding certain issues? Can they use that as misconduct?It will be up to the organization itself to determine what constitutes misconduct. See FAQ #20 for more information regarding disciplinary procedures. Link to comment Share on other sites More sharing options...
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