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By CondoAssociation.com • June 7, 2016

No one wants the responsibility of being on HOA board

We have a small condo association in Massachusetts which is Non-Profit and under 20 units. We have a requirement of a minimum of three Trustees and a maximum of seven. The bylaws also delineate 3 Officer positions (Chairperson, Treasurer, Secretary) and why the duties are specified, there is no mention that these have to be 3 different persons. i.e you may have a Secretary who is also a Treasurer or Chairperson, etc, While it is not ideal, I did find that in many states like Florida, especially non-profits, laws like Section 617.0840(4) allow individuals to occupy more than one office. We don't have a problem finding Trustees, but do have a problem finding Officers, with often no one wanting to be either the Chairperson or Treasurer. The rules get murky with appointments and the court when it comes to when an office is not filled. While hiring an outside company to do the bookkeeping, etc., it still does not absolve the need to have a Treasurer for example. Have any other small associations dealt with this?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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