What are the Governing Documents of an Association?
Property owners’ associations derive their basic legal authority for their existence, activities, and actions from state statutes (laws) and certain legal documents: Articles of Incorporation Declaration of Covenants, Conditions, and Restrictions By-Laws Rules & Regulations
What are Bylaws?
The Declaration forms the constitutional foundation of the association; Bylaws define the laws and operating procedures of the association. Bylaws detail the framework for governing the association that is authorized in the Declaration. They address the association’s structure, the board, the officers, the definition of a quorum, the ability to enter into contracts, etc. Bylaws […]
HOW can Board officers be removed?
At any regular meeting of the Board or at any special meeting of the Board called for such purpose, upon an affirmative vote of a majority of the members of the Board, any officer may be removed, either with or without cause. A successor to the removed officer may be elected at any such meeting. […]
WHAT are the duties of the Board President?
The president shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board and shall have all powers and duties usually vested in the office of the President. [Bylaws, Article 4, Section 4.4]
WHAT are the duties of the Board Vice-President?
The vice president shall perform the duties of the president when the president is absent or unable to act, and shall perfonn such other duties as may be prescribed by the Board. [Bylaws, Article 4, Section 4.5]
WHAT is the Duty of Care of the Esplanade Owners Association Board?
In the performance of their duties, the officers and members of the Board of Directors are required to exercise: (a) if appointed by the Declarant, the care required of fiduciaries of the Unit Owners; or (b) if elected by the Unit Owners, ordinary and reasonable care. [Bylaws, Article 3, Section 3.3]
WHAT are the duties of the Board Secretary?
The secretary shall keep the minutes of all meetings of the Board and of the Association and shall have custody of the business records of the Board and the Association, other than financial records kept by the treasurer. He shall also perform such other duties as may be prescribed by the Board. [Bylaws, Article 4, […]
HOW should Board vacancies be filled?
Vacancies on the Board (other than the director designated by the Declarant) caused by reasons other than the removal of a director by a vote of the Association shall be filled by vote of the Unit Owners entitled to vote for the vacancy at a special meeting of the Association held for that purpose. The […]
WHAT are the duties of the Board Treasurer?
The treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. [Bylaws, Article 4, Section 4.7]
WHAT steps should be followed to remove Board Directors?
At any regular or special meeting after the Transition Date, any director may be removed, with or without cause, by members holding a majority of the votes allocated to those members who are entitled to elect that director and a successor may then and there be elected to fill the vacancy thus created and to […]