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I have read previous discussions but did not find an answer I needed so... bear with me.

 

I am a first year director member of a HOA. After the annual membership (and a vote by membership to elect new board directors members), the new board held a meeting to elect a new chairman. The "old chairman" stepped down and a new chair was elected by the board.

 

Now the "old chairman" was asked by only one board member (it was only them talking) if he would stay on and be secretary, he said yes. The new chairman said that the "old chair" would stay on during the transition from the previous board. He never said that the old chair would be secretary.

 

The "old chair" ended up being secretary. NO VOTE was held to elect the secretary. I repeat.... NO VOTE was held to elect the secretary.

 

Now the secretary is also treasurer, which our by-laws says is ok. And the secretary/treasurer has meet with our lawyer on several occassions.

 

Is this legal that a vote did not take place for the secretary? And should a new vote take place for him/her to be treasurer?

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Is this legal that a vote did not take place for the secretary?

 

Based on the facts presented, no, I don't think this is valid, considering that not only was no vote taken, but the board was not even informed of the fact that this person was now the Secretary.

 

And should a new vote take place for him/her to be treasurer?

 

Why would you take a new vote for the position he was actually elected to? I'd just take a vote to elect a Secretary and be done with it.

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Read the By-laws (and any applicable statute) covering your HOA.  If the Board elects the Chairman, chances are that the Board also elects the other officers (i.e. Secretary and Treasurer.)  Also are there any qualifications to be an officer?  And is the 'old chair' still a director? 

 

However, whoever is empowered to elect the officers should elect them.  At the next meeting, raise a Point of Order citing the information from above on who is to elect the officers.  As no election was held neither position was legally filled.  Be prepared to Appeal the Chairman's decision so the Board makes the final decision.

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As no election was held neither position was legally filled.

 

Says who? The OP said no election was held for the Secretary, but he didn't say that for the Treasurer position. In fact, he asked if a new vote should be taken, which suggests that a vote for that position has been taken.

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I took it that there was no vote for Treasurer either per the comment of "Now the secretary is also treasurer"  I stand to be corrected by the original poster.  Also, the original poster did not specifically state that there was an election for the position of Treasurer.

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I took it that there was no vote for Treasurer either per the comment of "Now the secretary is also treasurer"  I stand to be corrected by the original poster.  Also, the original poster did not specifically state that there was an election for the position of Treasurer.

 

Well, if it is indeed correct that this individual became the Treasurer the same way he became the Secretary, then I am certainly in agreement that the individual actually holds neither position.

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