Elections

Started by KathyS • 4 replies • 1491 views

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KathyS (California)
Posts: 145

Posted:

Our association's governing documents state 2 Board members shall be elected in even numbered years and 3 Board members shall be elected in odd numbered years. Last year they sent out a ballot that had the incorrect number of directors up for election. No one but the incumbant running so she won by default.

This year they have done the same thing. Instead of three positions being open, the Board has only allowed two. Despite objections from several homeowners that the Board must follow our governing documents on how many positions are up for a vote every year, the Board says they can do what they want.

Who's right?

MartyD (Florida)
Posts: 43

Posted:

Kathy,

The board has the power to do what it feels is necessary in running the business and affairs of the organization.

The board does not have the power to deviate from the By Laws when it comes to election of board members. If the By Laws state two...then Two people should be voted in...if it states 3...then 3 people should be voted in.

The only way this could change is if a vote of the membership occured and the By Laws were changed and since you did not mention that this had occured then someone is being misguided in their interpretation of the governing documents. Usually this is the point that becomes troublesome for members that wish to "right a wrong". If you are a forceful person then take matters into hand and challenge this at the upcoming meeting or maybe a call to the President or Vice President any Officer should do...make someone listen to you...do your homework...make sure that you know the By Law by heart that speaks of elections. Sometime boards need to be reminded of their fiducial duty...

JM2 (Oregon)
Posts: 439

Posted:

Hi Kathy:

Keeping track of terms of office can be cumbersome, but is necessary to properly run the Association. No, the Board cannot do as they please, if it is in violation of the governing documents.

The Board should have some kind of chart (I've seen this done on both Word and Excel) that shows when someone was elected or appointed and when their term ends (when someone is appointed by the board to fill out the term of someone who resigns or is removed, the appointed person's term lasts until the end of the term of the person whom they replace).

If your board is short one person or has one extra person due to last year's mistake, that needs to be corrected: if too few, run three positions for two years (as the bylaws call for) and one for one year, to fill the vacant spot; if there are too many board members, then one of the (presumably) three should resign as of the election and possibly run for one of the open positions this year. The fairest way to do that would be to pull straws.

If you have a manager, that person should be advising the Board on proper procedure and helping them to get it right/correct it.

J. Patrick Moore, CMCA

KathyS (California)
Posts: 145

Posted:

Thanks for your answers and agree with my interpretation the bylaws should be followed.

This all started with a recall four years ago and since then we have had 26 Board members. Most quit when they found out being on the Board was alot of work and not just glory. We had one man last one day.

The management company said the Board has the final say. I am more of the opinion the management company didn't keep good records. We have had six managers in four years.

I will bring it up at the next meeting. I'm sure there will be an argument but hopefully there will be enough homeowners there to back me up. Doubtful, but I can still hope.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KathyS:
Your quote...being on the Board is a lot work and not just glory! There is very little Glory in serving on a Board, and if the B-members are looking for glory that's their first mistake.

I DO NOT envy you your associations troubles. I thought we had problems!
To have 26 Board members in 4 years and 6 Mgrs. in 4 years is absolutely horrendous. Something BIG is very wrong here to have this much turnover. Are your CC&Rs/Bylaws so difficult to enforce and your residents so difficult to manage?

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