BettyO1 (California)
Posts: 104
Posts: 104
Posted:
Are homeowners allowed to call a special meeting of members to hold an election to replace directors who have resigned?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Special Meeting Purpose
Started by BettyO1 • 6 replies • 2052 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Betty,
According to Davis-Stirling.com vacancy page, vacancies are filled by the board unless your governing documents say otherwise.
Now, can you petition the board for a meeting to fill vacancies? Yes.
Will that prevent the board from filling vacancies prior to the meeting? No.
If you want the members to fill vacancies, then I would suggest petitioning the board for a special meeting to amend your documents (probably the bylaws) to remove the boards authority to fill vacancies and require a membership vote to fill all vacancies. Since CA Corporations Code §7224 defers to the governing documents, once this is done, then future vacancies will require votes by the members to fill.
According to Davis-Stirling.com vacancy page, vacancies are filled by the board unless your governing documents say otherwise.
Now, can you petition the board for a meeting to fill vacancies? Yes.
Will that prevent the board from filling vacancies prior to the meeting? No.
If you want the members to fill vacancies, then I would suggest petitioning the board for a special meeting to amend your documents (probably the bylaws) to remove the boards authority to fill vacancies and require a membership vote to fill all vacancies. Since CA Corporations Code §7224 defers to the governing documents, once this is done, then future vacancies will require votes by the members to fill.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Betty
Most association docs will allow a BOD to select individuals to fill BOD vacancies. Usually the person must receive a majority of BOD votes. Meaning those (and only those) on the BOD get to vote on the person selected.
If the docs read this way then they are doing what they are allowed to do no matter what one may think about their selection.
Usually the docs will say that the appointed person is to fill out the remaining term of the person they are replacing.
The way to change it would be to change the docs but I believe few would go along with that as it might make filling BOD vacancies very cumbersome.
The least sticky/easiest way to get people you want on a BOD is to do such during the normal election cycle.
Hope this helps.
Most association docs will allow a BOD to select individuals to fill BOD vacancies. Usually the person must receive a majority of BOD votes. Meaning those (and only those) on the BOD get to vote on the person selected.
If the docs read this way then they are doing what they are allowed to do no matter what one may think about their selection.
Usually the docs will say that the appointed person is to fill out the remaining term of the person they are replacing.
The way to change it would be to change the docs but I believe few would go along with that as it might make filling BOD vacancies very cumbersome.
The least sticky/easiest way to get people you want on a BOD is to do such during the normal election cycle.
Hope this helps.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Both John & Tim are correct re: Calif. The Board usually gets to choose the replacement director(s).
If you wish to fill the vacancy, send a written statement to the Board asking them to consider for Board service. You might list relevant qualifications, e.g., committee service, longtime owner-occupant, etc. In addition, perhaps your occupation would be helpful to your HOA.
If, however, you believe or know that the Board has certain people in mind, it's probably their call, again depending on your documents.
Do check your documents to learn if the replacement serves out the remainder of the resigner's term. Our Bylaws, for instance, state that the replacement serves only until the next annual meeting & election.
If you wish to fill the vacancy, send a written statement to the Board asking them to consider for Board service. You might list relevant qualifications, e.g., committee service, longtime owner-occupant, etc. In addition, perhaps your occupation would be helpful to your HOA.
If, however, you believe or know that the Board has certain people in mind, it's probably their call, again depending on your documents.
Do check your documents to learn if the replacement serves out the remainder of the resigner's term. Our Bylaws, for instance, state that the replacement serves only until the next annual meeting & election.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
I guess Betty didn't like the answers the first time she asked: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/134020/view/topic/Default.aspx
Keep asking, by the time you get an answer you like, I imagine the BOD will have replaced the director.
Keep asking, by the time you get an answer you like, I imagine the BOD will have replaced the director.
Studies show that 5 out of 4 people have problems with fractions
JM10 (California)
Posts: 503
Posts: 503
Posted:
Quote:
Posted By GlenL on 05/26/2012 10:30 AM
I guess Betty didn't like the answers the first time she asked: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/134020/view/topic/Default.aspx
Keep asking, by the time you get an answer you like, I imagine the BOD will have replaced the director.
I guess Betty didn't like the answers the first time she asked: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/134020/view/topic/Default.aspx
Keep asking, by the time you get an answer you like, I imagine the BOD will have replaced the director.
You made me laugh. You can't make people listen unless they really want to listen. ;)
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
This is often called shopping for answers. It means a person will continue to ask the same or an alike question until they get a response they like, then they will hang their hat on that one answer.
Even when 99 out of 100 say no but 1 out of 100 say yes, they will hang their hat on that one yes answer.
Often the sign of a not bright person, but one that believes they are right.
Even when 99 out of 100 say no but 1 out of 100 say yes, they will hang their hat on that one yes answer.
Often the sign of a not bright person, but one that believes they are right.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here