Board Member Replaced After 1 Year of a 3-Year Term

Started by DonaldN • 6 replies • 1515 views

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DonaldN (Connecticut)
Posts: 183

Posted:

Board members serve 3 year terms at our HOA - 2 years ago a member resigned after serving 1 year - our property manager immediately said that his replacement would have a 2 year term - the balance.

Our bylaws are quiet on this situation - by way of this email I'd like to find out what other HOAs do in this situation ???

TimB4 (Tennessee)
Posts: 21,059

Posted:

That would be the norm. If there is a vacancy, the board may usually appoint someone to fill the position until the end of the term (no matter how much longer is left to serve in the term).

Tim

WillR (Michigan)
Posts: 68

Posted:

Check your by-laws and State law. In our POA if there is a resignation the person filling the spot only hold that position until the next annual meeting. The membership must vote in the person they want, that person then fills the remainder of the term. Example. If the Treasurer resins 6 months into a two year term the appointed person would serve only until the annual meeting, once elected that person would server until the next annual meeting and have to be re-elected for a two year term. This is required under state law.

EllieD (Vermont)
Posts: 446

Posted:

DonaldN,

From the copy of the CT Common Interest Ownership Act that I have, see 47-245(3) below:

§ 47-245. Executive board members and officers.

(b) The executive board may not:

(1) Amend the declaration, except as provided in section 47-236;
(2) Terminate the common interest community;

(3) Elect members of the executive board, except that the executive board may fill vacancies in its membership for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of executive board members; or

(4) Determine the qualifications, powers and duties, or terms of office of executive board members.

DonaldN (Connecticut)
Posts: 183

Posted:

thanks Ellie - this is a great find since our bylaws are silent .

SusanW1 (Michigan)
Posts: 5,202

Posted:

Donald - your bylaws should have something in them to cover vacancies on the board. Work to get that done - or at least have them say that you follow the latest state Act on this subject matter.

DonaldN (Connecticut)
Posts: 183

Posted:

Quote:

Posted By SusanW1 on 05/21/2011 4:51 AM
Donald - your bylaws should have something in them to cover vacancies on the board. Work to get that done - or at least have them say that you follow the latest state Act on this subject matter.

good idea !! thanks

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