Election question

If your documents say ballots must be in by a certain date and ANYONE misses that date, then they are out of luck UNLESS you also accept in-person voting at the meeting.

You CAN combine the two (written returned ballots and in-person voting) unless the election is "closed" on a certain date.

Is that the case?

I just heard that elections are closed and ballots are going out. Question if you have a 2010 director who has not attended any meetings and his only purpose of being on the board is to have enough people on the board to block me from being on board be allowed to run for the 2011 board? We are a 8 unit complex. If this person is on ballot and the board conducts it's only legal meeting where ballots are opened can I bring a legal basis to have this person removed from consideration? We are in California and bound by Davis sterling laws. Our bypass speak nothing to this issue.

If he has not attended any meetings he should not be a director.

Also David ... check your documents and see if there is anything about if a director or officer miss X number of meetings without excuse they can be removed from office.

Our docs do not speak to non attendance I want it added but the entrenched board will not add it to protect themselves

David:

This is what I found in the state code:

5221. (a) The board may declare vacant the office of a director who
has been declared of unsound mind by a final order of court, or
convicted of a felony, or been found by a final order or judgment of
any court to have breached any duty under Article 3 (commencing with
Section 5230), or, if at the time a director is elected, the bylaws
provide that a director may be removed for missing a specified number
of board meetings, fails to attend the specified number of meetings.
(b) As provided in paragraph (3) of subdivision (c) of Section
5151, the articles or bylaws may prescribe the qualifications of
directors. The board, by a majority vote of the directors who meet
all of the required qualifications to be a director, may declare
vacant the office of any director who fails or ceases to meet any
required qualification that was in effect at the beginning of that
director's current term of office.

It does state here the By-Laws provide for missing specified number of board meetings.

The only other item I found is possibly if any of the directors or their family members have been compensated by the corporation for any services rendered within the previous 12 months.

Unfortunately David, there is nothing. It's politics.

David,

I don't see where there is a legal basis that would prevent this person from being on the ballot. Even if your bylaws state a board member is automatically removed for not attending x number of meetings that still would not disqualify him from running in the next election. About the only thing you can do is try to convince the other members of the assn that he is not serving the community by not attending board meetings and that, if elected, you would definitely attend all board meetings.

I am on the ballot for the next election but it is useless.

There are total of 4 people on ballot, myself, the current President, Secretary and Treasure. The P and S live onsite and the Treasure lives in another state. None of these 3 have conducted a legal meeting this year open to the membership. The entire membership other than me stands behind the President - see reason in my other postings. The Board for two years has not followed the laws governing it but I can't do anythnig because no one will stand with me as they are in the back pocket of the President.

Here is the problem, we have 8 units, 2 are in foreclosure so can't vote, leaving 6 votes. Taking away my vote I still can't get enough votes to be on Board because the President will tell other members how to vote and they will follow him.

Regardless, now the only thing I can do is sue. 1) for not following the laws governing the Assocation, 2) sue the Treasure for not attending meetings if he is not our annual meeting since he has a fiduciary responsibility to review books every 4 months and he is not and is not presenting results at the meeting and finally I will have a suit as they have not followed a court ordered mediation from a claim I previously had against them.