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ReneeD (Illinois)
Posts: 201
Posted:
Hope I've spelled acclimation correctly. Looking for input before our new board members meet tonight. I believe all 3 board members have 2 year terms. What say you?

Anyway, current situation is 5 board members; quorum is 20% or 52 votes from membership. [NOTE: Public Act 097-0605 (Illinois law effective 8/26/11) affects common interest communities.] It states Board Members do not have to be elected by vote from among all members of a community association, nor must one-third of their terms expire annually. We had our election on 9/28/11.

This year's election there were 3 open positions and only 3 homeowners ran. Quorum was not met at this year's Annual Election Meeting; 4 board members and 9 homeowners present with 30 proxies mailed in. Suggestion was made to either hold another election meeting and hopefully collect more proxies to meet quorum or, the 3 homeowners running would fill open positions but only serving for one year or until next year's election. I don't agee with that decision as that would mean 5 positions would be open in next year's election.

Little History on this year's election: 3 positions open and all for 2-year terms---current treasurer was seeking a 2 year term; current Board Secretary was filling in for remaining 1 year term thus that person was looking to fill a (new)2-year term and, current term(Director) resigned last month but that position would also be a 2-year term as well.

Previous election(history): This happened one other time while I was on the board but there were only 2 positions to be filled. Again, quorum not met because of insufficient proxies, no homeowners were in attendance but all board members were present. By acclimation, those 2 positions were filled for another two year term by same current board members.

Thanks. -Renee
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ReneeD on 10/03/2011 11:58 AM
I believe all 3 board members have 2 year terms. What say you?

Without access to your governing documents I can't offer an opinion on what your board members length of terms are. Therefore, I say - OK.

Quote:
Posted By ReneeD on 10/03/2011 11:58 AM

Quorum was not met at this year's Annual Election Meeting; 4 board members and 9 homeowners present with 30 proxies mailed in. Suggestion was made to either hold another election meeting and hopefully collect more proxies to meet quorum or, the 3 homeowners running would fill open positions but only serving for one year or until next year's election. I don't agee with that decision as that would mean 5 positions would be open in next year's election.

If a quorum is not met, business may not be conducted. The options then become:

1) suspend the meeting to another date/time to see if a quorum can be gathered
2) adjourn the meeting and call a new meeting
3) adjourn the meeting, Board continues with Association business and next year another annual meeting is called.

If an Association chooses option 1 & 2 - and a quorum is met then business is conducted.

Expecting that your Association is incorporated as a nonprofit under IL law, IL General Not For Profit Corporation Act of 1986 would apply. Based on this act:

If an Association chooses option 3 - the remaining board members (even if they do not make a quorum of the board) may appoint individuals to fill the vacant seats on the Board. The appointed board members will serve the remaining term of that seat (i.e. no election - vacant seat - term is 2 years - appointed individual serves 2 years). That is of course unless your governing documents specify that vacancies must be filled by membership election. This is based on 805 ILCS 105/108.30

Hope this helps,

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
Some "terms" are for a specific period period OR until a person is replaced by election. So, if you can't have an election, continue the terms until you can have an election.

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