Community voting off entire Board

Started by JuanitaH • 5 replies • 1384 views

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JuanitaH (Texas)
Posts: 12

Posted:

A community rallied together last year and went thru the proper procedures to vote of an entire Board and replace them. There is nothing in the HOA documents that address this issue so I am calling for opinions and experience in knowing if any of those Board members should be able to run for a position on the Board in future years as the Community has spoken that they don't want them on the Board due to their rogue behavior?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Juanita,

Welcome to the forum. It appears that your membership has been busy and congratulations for correcting what you saw as a wrong.

I am not an attorney and I do not work within the legal profession.

Expecting that your Association is incorporated, Texas Business Organization Code for Nonprofit Corporations should be consulted as well as your governing documents and applicable State HOA or Condo laws.

The Corporate law defers to the governing documents concerning qualifications to serve. Therefore, if your governing documents are silent, any individual who was removed is indeed eligible to be a nominee at your next election (even if that election is to fill the seats of those recalled).

As you said, the membership has spoken and recalled the individuals. Therefore, the membership should be intelligent enough to not cast a vote for anyone who was recalled.

Your task, and that of the recall committee, is to make sure that there are enough nominees available that the members have a choice when casting their vote. Otherwise, if there are five seats and 5 nominees, even the individual who received one vote would be elected.

Hope this helps,

Tim

JuanitaH (Texas)
Posts: 12

Posted:

Thank you. I thought that would be the case and yes, the current Board took the time to walk around and get enough votes to hopefully insure that the old Board will not get back in. Good thing that only one position is up this year. The Board who was ousted hadn't bothered to get a quorum in over 10 years.

BrianB (California)
Posts: 2,820

Posted:

Unless there are laws against them being eligible (criminal behavior, for example), if enough people want them in to vote them in, then let the will of the people prevail. that's democracy! We deserve the people we elect.

JuanitaH (Texas)
Posts: 12

Posted:

This was a Board the is one of the Boards that everyone talks about trying to get rid of. They misused their power and thumbed their noses at the homeowners. Never had a quorum for an election for double digit years. There is no way that they will get a lot of votes. They caused a lawsuit and wasted HOA money just to be removed from the Board at a meeting where there was over 75% of the residents in person or by proxy to oust the rogue Board. Just trying to find out if there is a way to keep rogue board members from serving again.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Juanita:

The individuals are property owners and everyone has the same rights regarding running for any association positions. Some states will disallow certain individuals due to having past fellony counts, but otherwise unless disallowed by state laws they can run again in the future.

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