nullifying an election

Started by TeresaW1 • 5 replies • 1701 views

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TeresaW1 (Arizona)
Posts: 1

Posted:

I was recently elected to our board (receiving the most votes). Our board is split 3-2 and now a small and present group has petitioned to nullify the election and hold a new one. Some of us want to seek legal cousel for this and other matters not deemed legal per our documents and statutes but this group keeps trying to bully their wishes through and will not accept hiring legal counsel. Any suggestions? I cannot find any documentation for nullifying an election.

JoeW1 (New York)
Posts: 728

Posted:

TeresaW1 - an election can be nullified if the results are challenged and it's found there was an impropriety. those challenging must provide a solid basis however. on the flip-side, the residents probably have the power to petition for the removal of an elected official anytime they wish, per your by-laws. i would not relinquish control easily. i would make sure their request complies with the requirements for removal of a director. for example, my by-laws require a special petition to the Pres. of no less than 25% of those entitled to cast such a vote and a duly held meeting with the specific purpose stated in a published agenda to the entire community. if this renegade group in your community do not comply with the requirements, i'd motion the board send a letter to this group advising them their request does not comply with the by-laws and leave it at that. let them figure out how to gain control.

LanceT (Alabama)
Posts: 121

Posted:

My question for you is: Who do they want elected if it isn't you or another member? Sometimes groups like this don't see the "forrest for the trees". They think that things aren't going the way they want them so they will just "Remove the board". However, how is that going to help them? Ironically, I bet most people that's in the "renegade" group aren't even willing to run for an office. So who are they going to elect?
You might pose that question to the members. What do they want done? Who do they think they will get to do it? They may get surprised when they find out there are no "Them or They's" in their HOA but "I's and Me's". If the person who wants the job wants it bad enough, they should have stepped up or be stepping up when that time came IMO.
I would tell them to give the new board a chance to work for atleast 6 months and then pick of the individuals they want off individually. Next election time, if they have anyone who wants to run, then let them. Elections are open to any member!

Recovering Ex-President of a HOA

JM2 (Oregon)
Posts: 439

Posted:

Hi Teresa:

The fact is, a board is often split 3-2 or 4-1 on a lot of issues, sometimes on every issue. At times, it happens as you transition from one group of board members to a new one. The split isn't bad - as long as lively, respectful debate goes on and everybody is willing to listen to the others.

RodK1 (Minnesota)
Posts: 1

Posted:

Well it is not the same issue, however the same concern. The annual meeting was held and regretably I was not able to attend due to other conflicts. The president conducted the meeting and when it came time to elect a new board member, two people volunteered / were nominated. Rather than hold an election for one board member, both were elected. The board is to be made up of three members, elected for 3yr term.

NOW WHAT!

Unless one steps down, I see no other solution but to have another annual meeting and hold the election. There are >500 houses in our HOA.

RogerB (Colorado)
Posts: 5,067

Posted:

Rod, it's too bad no one present didn't request a vote. If neither was elected and if having both on the Board increases the number of Board members to greater than the total number allowed I suggest:
1) Ask the Chairperson to voluntarily resign from the Board because they are ignorant of the By-laws. With a resignation one of the candidates could be appointed by the Board to complete the remaining term for that vacancy and the other appointed for a full term.
OR
2) If neither was elected by a vote, the Board could appoint one of them to the Board to fill the one vacancy.

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