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RUNNING FOR PRESIDENT

QUESTION: During the nomination phase of an election should a nominee indicate the role they wish to serve, such as president, treasurer or secretary? Is the officer designation decided by the number of votes highest to lowest or by agreement?

ANSWER: Unless your governing documents state otherwise, candidates are not elected by the membership to a particular office. Normally, the membership elects directors, not officers. Once elected to the board, directors decide among themselves which office each person will hold. Therefore, it does not matter that a person campaigns for President and gets the highest number of membership votes. He/she does not have a "right" to be President and may, at the discretion of fellow directors, hold no office at all.

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