Newly elected board

[grammaconnie]

Immediately after the annual meeting of our condo association adjourned, the new board met in executive session only to elect officers. Before elections were made, a member of the board raised the question that before we nominate/vote for officers, this member wanted to know if the president was going to be allowed to vote on all topics since this might impact someone's decision as to whether he/she would be interested in the position. President of previous board did not vote as she stated in an open meeting that RONR says the president shouldn't vote. There was much discussion.

The positions that were vacated on the previous board due to their term limits being up were president and vice president.

1.Since officers had yet to be elected, who should have run the above-mentioned meeting?

2.Who should have taken the minutes of this meeting - the secretary of the prior board whose term hadn't yet expired?

Our bylaws state that each member of the executive board shall hold office until his successor shall be elected and shall qualify, or until his earlier resignation, removal from office, death, or incapacity.

[Chris Harrison]

1.Since officers had yet to be elected, who should have run the above-mentioned meeting?

Our bylaws state that each member of the executive board shall hold office until his successor shall be elected and shall qualify, or until his earlier resignation, removal from office, death, or incapacity.

Because of that language all officers stay in office until his successor is elected. So the President would preside until the next President is elected.

2.Who should have taken the minutes of this meeting - the secretary of the prior board whose term hadn't yet expired?

Yes. Why wouldn't an officer who is still in office continue to perform his duties?

[hmtcastle]

1.Since officers had yet to be elected, who should have run the above-mentioned meeting?

2.Who should have taken the minutes of this meeting - the secretary of the prior board whose term hadn't yet expired?

It may be helpful to just think of the board (not the prior board or the old board or the new board), just the board. The members may change but, as Faulkner would say, the board endures.

It's also quite possible that one person was secretary when the meeting began but another person became secretary during the meeting. In such a case, the responsibility for taking the minutes would be transferred. Which is why some organizations adopt a rule that says, for example, that new officers take office upon the adjournment of the election meeting. Otherwise the office begins the moment the election is complete. In medias res, so to speak.

[Josh Martin]

President of previous board did not vote as she stated in an open meeting that RONR says the president shouldn't vote.

If this is a small board (about 12 members or fewer), then the President is free to vote in all cases (RONR, 10th ed., pg. 471, lines 7-11). Even in a larger assembly, what RONR has to say is a bit more complex than simply "the president shouldn't vote." See FAQ #1.