Adams Stirling PLC


QUESTION: If a board member is elected to an officer position (i.e. Vice-President or Treasurer) by the board, can the director refuse to accept the position without resigning from the board?

ANSWER: Yes. Just as a homeowner can refuse election to the board, a director can decline appointment to an office. Refusing an officer position does not mean you forfeit your seat on the board of directors.

Corp. Code Requirement
. Having said that, if everyone on the board refuses to serve as an officer, it puts the association in violation of the Corporations Code which requires the appointment of a President, Secretary and Treasurer. Sometimes directors need to share the pain so as not to overload one director with all responsibilities. If your fellow directors think you are the best person for a particular office, you should give it serious consideration.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC