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Can a Non-owner be an officer?


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Bylaws state that Unit Owners=Association and automatically are on the board of directors. The Board of directors then chose officers. It does not who can/can't be an officer

Problem is we live in a 9 unit condominium and none of the homeowners/BOD want to be officers. At the annual meeting the 3 homeowners present voted a resident (that co-habitats with owner) as treasurer and were all in agreement that it was in the best interest of the association as there were no officers present (declarant appointed board left without notice and left management company in charge)

Present Treasurer/Secretary is now the site administrator for website (which she pays for and built herself to save the association money), handling bookkeeping and collections. There are still 3 officers herself included. Although the VP Sent an email resignation that board won't acknowledge because she wont put it in writing and sign it.

A year later now that the management company has been fired that they are trying to use the bylaws (against association in court) stating that because Treasurer is not a Board Member that she can't be an officer and therefore any and all work that has been done on her behalf and the fact that she discovered monetary discrepencies should not be acknowledged by the court. Keep in mind this is a year later and the Homeowners want her to stay in position because they can't and won't do the work and she is doing it for free (association has no money to pay for anything <$90.00 in account).

RCW 64.34.308 Board of directors and officers. (6) Within thirty days after the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three members, at least a majority of whom must be unit owners. As this applies to appointing a BOD, should this not hold true to Officers of the Board of directors as well.The number of directors need not exceed the number of units then in the condominium.We have 9 units and 9 directors according to bylaws The board of directors shall elect the officers No mention in bylaws who can/cannot be an officer. Such members of the board of directors and officers shall take office upon election.

Our Bylaws point us to Robert's Rules for clarification of our bylaws and CCR's but since the bylaws make no sense our Board is at a lose on how to deal with this.

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Thank you for clarifying the topic at hand. Had to give the background so that it did show that I exhausted the bylaws and ccr's, Attorneys won't touch it, we have had 2 quit on us in less than 6 months. Bylaws don't specify and said to refer to RONR for clarification. So once again thank you so much for that I will show that to the Board Members and keep that on file.

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