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PRESIDENTIAL
VETO
QUESTION: Does the president have veto
power over board decisions?
ANSWER: No,
the board president does not have veto power. If the president refuses to
implement a lawful decision of the board, he/she can be
removed
as president and
a new one appointed by the board.
DIRECTOR
PRIVACY
QUESTION: When, as an
owner, I ask for a list of directors' names with addresses and phone numbers, the
board answers that this cannot be done because of "privacy." Is this the long
and short answer? Is there something that is not being said?
ANSWER:
Directors are volunteers and have legitimate privacy concerns. There are always
dysfunctional members of associations who harass members of the board. Sometimes
the harassment is so intense that restraining orders are sought (and granted).
Directors have a right to feel secure in their own homes and not be subjected to
late night phone calls and knocks at the door. If an owner wants to address the
board, he/she can do so by attending board meetings or by writing the board.
However, members (even the
"difficult" ones) have a right to the
membership list.
The list provides the names and addresses of all members, but should
not contain telephone numbers or e-mail addresses. Also, owners (including
directors) have the right to
opt out of the list.
RECORDING
BOARD VOTES
QUESTION: When the board
votes, is it required that the names and how each board member voted be
disclosed?
ANSWER:
All board votes must be recorded in the
minutes. But, since boards are not required to follow any particular rules of parliamentary
procedure, most associations simply record that a motion passed or failed. If
directors want to be on record that they voted for or against a particular
motion, they must speak up at the time the vote is taken and ask that their vote
be recorded by name.
SELF-APPOINTED TREASURER
QUESTION: Is it legal or prudent for the
president of the board to appoint himself treasurer?
ANSWER: The president cannot appoint
himself to other offices on the board. Only the board can
appoint officers.
Such appointments should be done at properly noticed meetings of the board.
Also, it is generally not prudent for the president to also hold the office of
treasurer.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC |
