board refusing to call elections

Started by AJ1 • 3 replies • 1249 views

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AJ1 (Illinois)
Posts: 5

Posted:

Hi, I have a question on two issues:
Our HOA has a staggered duration for the board directors. There are two board directors who were elected on Jan 2011 with a term of two years. I was elected in Feb 2012. So in essence, the other terms of the other two board members have expired. The home owners have been sending email after email asking when the next elections are going to be held. But other two board members (president and treasurer)whose terms have expired are refusing to call for elections. They have stated that they have till May 2013 as elections can be held anytime before May as the last annual meeting was held in feb 2012 when I was elected. Does this sound ok? Who has the authority to call for elections? how long can they keep signing checks?

There are a few contracts worth $105000 ($30000 for one year and $25000 each for three years) that were due to be signed before April (landscape) which I am afraid that they will go with a work order (without a contract costing the HOA a lot more) on a weekly basis with a contractor that the homeowners do not like and have complained against. Is a work order which is not discussed with the board even legal if placed by the property manager without a contract and bids? Thanks!

AJ

GlenL (Ohio)
Posts: 5,491

Posted:

Have you tried reading your CC&R's as to when the election is supposed to be held?
If it is silent on the matter and I find it hard to believe it is, then the aggrieved homeowners need to call for a special meeting to hold elections but as a practical matter it will probably be May before the SM could be held. However long it takes to get a petition signed and delivered to the Board, then the Board typically (depending on your CC&R's) has between 30 & 90 days to call the meeting.

You and your fellow Board members could always remove the two Board members from their positions (not from the Board) and appoint two to their place then you don't have to worry about the president signing a work order.

BTW. Our CC&R's specify when the budget must be set, which means all contracts need to be in place before the budget.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Or usually either the Board president or a majority of Board members can call a SM.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

If materials about elections aren't in your CC&Rs, try your bylaws--that's where info about our elections, special meetings, etc., are. If in niehter of those documents, you'll need to look at the relevant laws in your state that apply to your type of HOA.

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