4. “What if the Resigning Board

Member is Also an Officer?” While it may seem like sleight of hand to some Unit Owners, a basic tenet of condominium law is that while Unit Owners choose the members of the Board, the Board alone chooses its officers. This holds true for filling a vacant officer position, which means the Board itself will vote on filling a vacant officer position.

The officer election is held in the same manner as a “regular” officer election, and only Board members are eligible to serve as an officer. Note: Sections 18(c) through (e) of the Act require that the Board elect a president, secretary and treasurer, but the association’s governing documents should be reviewed to determine if any other officer positions need to be filled.

5. Conclusion

A Board member “disappearing act” can raise several questions and even disrupt the operations of the Board. However, by following the procedures outlined above, the resulting vacancy will be filled to help ensure a smooth transition and setup for a harmonious performance… and possibly an encore!

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