By-Laws broken?
I live in an HOA in the Phoenix area and currently my board doesn’t have a treasurer despite our by-laws indicating “the principal officers of the Association shall be a President, Vice President, treasurer and secretary”. Is the board breaking any rules or state laws?
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The association is required to comply with the governing document the same way the homeowners are. If the CC&R and bylaws say that they are to have those officers on the board of directors they must comply or change the governing document to allow other options. The fact is that board officer assignments in these communities are basically a title only and have no real relevance since the community managers do all the works my way. That fact does not excuse the failure to comply with the governing documents. There is no specific statute governing this but the association could be held liable for situations s where they failed to provide equate oversight over the affairs of the corporations based of the lack of dedicated board member officer assignments.
Dennis