Vacancies on the BOD

Started by SherryS2 • 3 replies • 1411 views

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SherryS2 (Washington)
Posts: 47

Posted:

The BOD in my association has a vacancy. The governing documents state that the BOD will appoint someone to fill that vacancy. The person appointed will fill that position for the remainder of the term.

I e-mailed the BOD of my interest in filling this vacancy. If I am the only member coming forward to volunteer to fill this vacancy, can the BOD refuse to appoint me? I have had not had a very amicable relationship with the BOD president.

Thanks.

Sherry

NancyG3 (North Carolina)
Posts: 342

Posted:

Yes - the BOD will probably find one of their cronies who will go along with their program. Our Assn BOD does this all the time. They do not announce to the homeowners when a Director is resigning.

JonD1
Posts: 2,350

Posted:

Without the exact wording of your documents imposible to say.

Many times the Board has the authority to appoint someone or wait until the next election. Are they REQUIRED to fill the position? Depends on what your documents say.

Boards can and do operate without a full Board membership.

In our case the answer would be NO you cannot force the Board to appoint you.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Short answer yes.

Actually, depending on the language contained within the governing documents, they might be allowed to leave the seat vacant. Example: My Association has language that requires a minimum of 3 directors but may seat up to 5 directors. Currently we only have 4. Since we meet the minimum, we may leave the seat vacant.

Another point you should be aware of, Directors appointed by the Board may also be removed by the Board without a membership vote.

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