Condo Association Management Blog

I HOPE THIS LAW NEVER PASSES. WHO WILL BE THE WATCH DOG OVER THIS OWNER? WHAT BACKGROUND CHECK WILL BE REQUIRED OF HIM OR HER. 
 
CAROLYN IN ALABAMA

Yes, one can be both a president and treasurer. Basically any combination is permitted.

Yes, and as I understand it, the Officers must be elected by the Board Of Directors. Is this correct? Hopefully the body as a whole, will make good decisions.

This is what it says on the Kessler website which is called "Davis-stirling.com": 
 
 
 
Multiple Offices: Unless prohibited by the articles of incorporation or bylaws, one director may hold multiple offices, such as President-Secretary, Secretary-Treasurer, etc." 
 
 
 
Notice that it is prefaced by: " 
 
"Unless prohibited by the articles of incorporation or bylaws"; however, the Davis-Stirling Act is not referenced. I couldn't find this anywhere in the Act. Which leads me to believe this is only an interpretation of an attorney at the Kessler law firm. They are great for doing this and anyone who doesn't know better thinks its really in the DS Act because the website is titled "davisstirling.com". I've uncovered this many times and I think it's a real travesty. Their website should be titled with the name of the lawfirm and a link to the DS act. A lot of what they say is only their interpretation of the Act and not necessarily the law. I would advise you to look to your gov docs for the answer. And, you can review the act itself, but I could not find anything regarding this issue in the act. 
 
 
 
 
 

Actually, references to directors and officers in particular, would be under Corporation Code, not Civil Code.  
 
 
 
The page header for the Davis-Stirling.Com has the law firm, Adams Kessler right there on top. There is no deception and the site is the best HOA legal site in the United States bar none.  
 
 
 
If a person has no idea how to research a web site should probably talk to an attorney instead of getting advice for free. Whatever opinion you get from the website is an opinion, but unlike other opinions it does link to the actually Civil or Corporation Code, and that is not an oppinion.

Actually, references to directors and officers in particular, would be under Corporation Code, not Civil Code.  
 
 
 
The page header for the Davis-Stirling.Com has the law firm, Adams Kessler right there on top. There is no deception and the site is the best HOA legal site in the United States bar none.  
 
 
 
If a person has no idea how to research a web site should probably talk to an attorney instead of getting advice for free. Whatever opinion you get from the website is an opinion, but unlike other opinions it does link to the actually Civil or Corporation Code, and that is not an oppinion.

What I'm saying is that the info given on the Kessler website (davisstirling.com) is very misleading. You say there is a link to civil or corp code, but there is none in this case which means it is just an attorney's opinion -- it is NOT the law!  
 
By calling their website davisstirling.com it makes it sound like it is the official web site for the statute. IMO, it's misleading. Of course you are entitled to your opinion as I am to mine.

it depends on your bylaws or (ccr) 
 
I would not depend on stirling site for all answers - the so called politicans in Sacrameto the create rules and regulations over others and will not follow their own laws, following them is a foolish waste of time

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