BB5 (Missouri)
Posts: 145
Posts: 145
Posted:
Our board/officers are not suppose to remain in office more than two years the last time we were to hold elections no one ran this year if people volunteered would they automatically go into office ?
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LawrenceC1 (Georgia)
Posts: 480
Posts: 480
Posted:
From your post, it sounds like one or more of the current board members are ineligible, having served the maximum time so they can not be re-elected to the board.
If the number of eligible candidates match the number of open positions, then those candidates are elected to the board by acclamation. There may not even be a need for a vote, depending on what your governing documents say.
If the number of eligible candidates match the number of open positions, then those candidates are elected to the board by acclamation. There may not even be a need for a vote, depending on what your governing documents say.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
BB5, please clarify. Are you saying that your HOA has term limits for directors? That no director may serve more than two years?
Or are you saying their two-year terms as directors have expired, but they didn't seek reelection and no one else volunteered to run?
Are you also saying that officers serve two years?
Or are you saying their two-year terms as directors have expired, but they didn't seek reelection and no one else volunteered to run?
Are you also saying that officers serve two years?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
BB5.
This goes back to corporate laws. Since most associations are incorporated, corporate laws apply.
Although I haven't researched all the States, those that I have researched all have the same condition that directors remain in office until their successor is elected, appointed or until they resign. Here is the language from Missouri Revised Statutes 355.331:
"Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated or appointed and qualifies, or until there is a decrease in the number of directors. "
As I posted, I have seen this exact or similar language in all the corporate laws I've researched. Therefore, I would expect to find them in all of them. If you think about it, this section passes the common sense test, as it would be impracticable to leave a corporation without any Directors to keep the business in operation.
Hope this helps,
Tim
This goes back to corporate laws. Since most associations are incorporated, corporate laws apply.
Although I haven't researched all the States, those that I have researched all have the same condition that directors remain in office until their successor is elected, appointed or until they resign. Here is the language from Missouri Revised Statutes 355.331:
"Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated or appointed and qualifies, or until there is a decrease in the number of directors. "
As I posted, I have seen this exact or similar language in all the corporate laws I've researched. Therefore, I would expect to find them in all of them. If you think about it, this section passes the common sense test, as it would be impracticable to leave a corporation without any Directors to keep the business in operation.
Hope this helps,
Tim
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By BB5 on 05/11/2012 2:53 PM
this year if people volunteered would they automatically go into office ?
this year if people volunteered would they automatically go into office ?
BB5,
An election would still have to take place. There might not be anyone to vote for instead of those people but you still have to have a vote.
This is because some Associations do not use the plurality of the vote for deciding elections but require a certain percentage of the votes or a certain percentage of the membership to win. Typically though, the plurality method is used and if there are only the number of candidates (or less) as there are vacancies, then those running would be elected (expecting that, at the very least, the candidate would vote for themselves).
BonnieG1 (Nebraska)
Posts: 1,186
Posts: 1,186
Posted:
My question would be the same as Carol's. I know our directors have a 3 year term, but can be voted in office for another three years. My personal opinion that there should be a consistency in the Board of Directors. I know I had and still have a large learning curve, and this is my second and last year unlesss voted in again. I replaced a director who had resigned.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
BB5
As others have said, you need to clarify more.
BOD Members generally serve a designated term (say two years) but it is quite common for them to stay on (continue to serve) if say no one ran for election.
Some docs say the existing BOD Member may continue to serve if no one runs. Some docs say for the full term of the empty term (two years) or until the next election.
If there are vacancies on the BOD, the BOD can invite any member in good standing to serve. Usually this will take a majority vote of the BOD to approve the person invited to serve.
Bottom line is that it is quite common and properly conforming to see the same people on BOD's year after year after year.
As others have said, you need to clarify more.
BOD Members generally serve a designated term (say two years) but it is quite common for them to stay on (continue to serve) if say no one ran for election.
Some docs say the existing BOD Member may continue to serve if no one runs. Some docs say for the full term of the empty term (two years) or until the next election.
If there are vacancies on the BOD, the BOD can invite any member in good standing to serve. Usually this will take a majority vote of the BOD to approve the person invited to serve.
Bottom line is that it is quite common and properly conforming to see the same people on BOD's year after year after year.
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