HOA Board Election

Started by SteveH20 • 5 replies • 1657 views

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SteveH20 (South Carolina)
Posts: 32

Posted:

We are having our intitial meeting to elect our first BOD in a couple of weeks. We have determined the BOD should consist of five members which have been nominated. We would like to have the terms of the members staggered after the initial election. Does anyone have input on the length of each member's terms going forward and how to best stagger the terms?

DavidW5 (North Carolina)
Posts: 565

Posted:

We had our first election of home owners to the board in 2010 following turnover from the developer. Our board consists of 7 members. In order to have staggered terms, the top 4 vote getters won 2-year terms and the next three got a 1-year term. In all following elections terms are two years. This way we elect either 4 or three board members in alternate years.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Our HOA did it the same way as David's. Our bylaws, by the way, call for staggered terms.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Steve:

Your bylaws should stipulate the terms for board members. You need to review and insure whether allowed or if the association needs to change the bylaws to allow for staggered terms. These terms are potentially good in the sense that you always have someone with past knowledge serving on the board at any given point in time.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Steve,

Is the Association incorporated?

If it is, it's likely incorporated as a non-profit corporation and thereby must comply with SOUTH CAROLINA NONPROFIT CORPORATION ACT

SECTION 33-31-805 of that law specifies [emphasis added]:

(a) The articles or bylaws may specify the terms of directors. Except for designated or appointed directors, the terms of directors may not exceed five years. In the absence of a term specified in the articles or bylaws, the term of each director is one year. Directors may be elected for successive terms.

Therefore, per SC Corporate law, applicable if Association is incorporated, it will depend on the language in your Bylaws at the time the vote is taken. If there is no language, the term must be one year.
Once the membership amends the Bylaws, then the terms may be staggered.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

I have lived in two HOA's in SC including my present one. SC does not have any rules/regulations aimed at HOA's. Those that exist are aimed at condo types and called Vertical something. Thus we depend on our CC&R's and Bylaws moreso then some in states loaded with rules/regulations.

Our HOA Bylaws say directors are elected for a 2 year term. I would rather they be staggered terms but so be it. If any BOD vacancy exists, the BOD can appoint any voting member to fill that vacancy for the remainder of that persons term. Also there must be a quorum of the BOD and a vote held to approve the person filling the vacancy.

Our Bylaes also if a BOD Member misses 3 conscutive BOD meetings or is 30 days deliquent in any HOA charges, they can be removed by a majority vote of the directors.

Hope this helps.

John

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