election of officers/directors

Started by TM4 • 4 replies • 2890 views

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TM4 (Florida)
Posts: 6

Posted:

Our HOA has been electing officers at its annual meeting but according to fl statutes, officers are elected or appointed, by the board of directors, they are not elected by the membership of the association.
According to our bylaws, the organization shall be managed by a Board of Directors consisting of three members together with the officers of the organization. The directors for the ensuing year shall be chosen at the annual meeting of the organization in the same manner and style as the officers of the organization and they shall serve a term of one year.
The length of time an officer may serve is not addressed, do we assume new officers are appointed only when there is a vacancy.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

What happens is each year a new board is elected by the GENERAL membership. That board then votes amongst itself to decide who will serve in the officer positions. That doesn't mean a person can't run for an officer position. It is that they are running for a board position and asserting their preference and their supporters for their desired position. Considering that board elections happen once a year it would serve the position time limits are only a year. However, one can run for multiple years and serve in succession. It wasn't till around World War 2 in our own country that Presidents were limited to two terms.

My opinion limiting terms can be a hinderence to an HOA due to the lack of interest and stress. It's best just to let those with interest and support to keep that position until they don't anymore...

Former HOA President

TM4 (Florida)
Posts: 6

Posted:

1. To be more specific, if officers choose to remain on the board, do we have to elect a new board (all members) annually, or can we elect new board members (annually) just for the vacancies.
2. Should the members who wish to remain on the board submit a letter of intent prior to the annual meeting, or do all names have to be on a ballot included with the annual meeting notice.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi TM:

Per your questions:

1. To be more specific, if officers choose to remain on the board, do we have to elect a new board (all members) annually, or can we elect new board members (annually) just for the vacancies.

Answer: If the members like the current officers/board members then they will elect them back onto the board. Yes they must be re-elected annually if dictated by your governing documents or state statutes. This insures that someone does not end up being a dictator who is not elected annually by the members.

2. Should the members who wish to remain on the board submit a letter of intent prior to the annual meeting, or do all names have to be on a ballot included with the annual meeting notice.

Answer: What do your governing documents state regarding your annual elections? There should be provisions either in the governing documents or state statutes for how the positions are to be filled and ballots prepared for your annual meetings. In most instances all names of any individuals who wish and expressed a desire to serve as a director are included on the ballots as long as they are proper members of the association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In my last HOA, our BOD Members were elected to a two year term with election years staggered. As in 3 of 7 spots open one year and 4 of 7 spots open next year. All must be homeowners of course.

The first order of business for the new BOD was to elect their officers for the year. This would take place even if all the members were reelected. Someone on the BOD could nominate themselves to run for office or another BOD Member could nominate another. The person needed a 2nd to run. No 2nd and they could not run.

The BOD could also appoint a homeowner to fill a BOD vacancy but it must be via a unamious BOD vote.

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