What do you do when the Vice President refuses to fill the vacancy of the president?
Little Ben, our HOA President recently resigned from that role, but remained as a Board member. The Vice President refused to take on the role of President, citing he would quit if "forced to" (of course, nobody was forcing him to!). The Secretary also didn't want the role, so she declined. However, she also had email exchanges with the VP and Treasurer and "decided" that the Treasurer could also be President, the VP retained his role, and the Secretary her role. The previous Board member then became a member at large (according to the Secretary). There is also one other member at large. What is the appropriate order when this scenario occurs. Our by laws indicate the order would be President, VP, Secretary and Treasurer. There has been no discussion with all Board members present as to succession, etc., but it hardly makes sense for the Treasurer to be President as well given the financial oversight of the Treasurer position. There seems to be animosity brewing initiated by the Secretary. What is the appropriate and rational way to resolve this - seems discussion would fail unless supported by RRO?
Good day Bridget,
What an officious mess is this! Of course the bylaws should be followed. However its not possible to make a horse drink the water if he is not inclined. And you can't make someone be president when he doesn't want to. But the filing of this office should have been done by the entire board and not the secretary. One danger that the board needs to look into is the corporation law that applies to this succession of officers. State statutes usually prohibit the president being the treasurer. So check into that!
Cheerio!
Little Ben
Question submitted by Bridget on April 14, 2014