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WilliamS1 (South Carolina)
Posts: 113
Posted:
Wow - I got a new one for you to read.

HOA BOD of 5, elections staggered 3 and 2 each with 2 year terms. This year is a 3 member vote.

BOD A, B, C are up for election this year. BOD D and E are up next year. BOD member E decides to drop of in early last year 2010. BOD never announces opening or fills the position all year long. Now its time for a vote and BOD President appoints BOD C (who was up for election) to fill post for BOD E who dropped off. This results in a 3 vote instead of a 4 vote.

Bylaws do not address issue but to me it not appropriate to extend the term of a voted on BOD. There are people wanting to fill that position.

Your thoughts please.. please.. this cannot be right.

Thanks
EdC5 (Florida)
Posts: 117
Posted:
The Board may appoint a member to fill a vacancy created by a resignation.

Edward J Cooke, CMCA, LCAM
SusanW1 (Michigan)
Posts: 5,202
Posted:
But only for the term of the vacancy.
BrianB (California)
Posts: 2,820
Posted:
sneaky, but probably legal. definitely abusable in the right situation.

BOD C essentially skips election to fill out the remaining one year of the other person's term.

WilliamS1 (South Carolina)
Posts: 113
Posted:
Thank you for your comments. The bylaws do not specifically talk about filling a vacant BOD position and it was not an office.. a little more understandable. The carry over of the term to me is the most offensive.

The other issues that I found very offfensive is:

No mention of the vacancy to the HOA. This is standard practice. The fifth position was open for over nine months. They would like to appoint their chosen ones.

No published board minutes. For all we know, they could set up some board members to be straw men.

Only one open meeting per year.

No news letters.

No HOA directory.

Can you tell I have had it.

Thanks for the comments

GlenL (Ohio)
Posts: 5,491
Posted:
IMHO the person C would have had to resign from the BOD before they could be appointed to fill E's remaining term. You will have these problems as long as the majority of homeowner's puts up with them.

Studies show that 5 out of 4 people have problems with fractions
RickW (Illinois)
Posts: 169
Posted:
Quote:
Posted By GlenL on 01/07/2011 6:32 PM
IMHO the person C would have had to resign from the BOD before they could be appointed to fill E's remaining term. You will have these problems as long as the majority of homeowner's puts up with them.

I agree, I would have had it if I was in your position as well. The question to ask youself is not how you and other homeowners have been wronged, but how willing are you to get involved enough to make a change?

It is fine to explain what is going on with your association and what is wrong as long as you are looking for solutions.

GlennL's signature is below and is something we all need to read time and time again
Associations are full of willing homeowners, some willing to volunteer and the rest willing to criticize. Author unknown but very perceptive.

Just my 2 cents

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