HOA Board of Directors terms

I live in California. My HOA bylaws give the procedure for establishing the terms of office for directors. The first election calls for the drawing of lots to assign terms (two two-year terms, three one year terms). This is to establish a staggered terms. Subsequent elections give two years to the newly elected directors.

The bylaws say nothing about determining terms after total recalls. We had a recall of the entire board (five members), and the new president went by the number of votes received to hand out the terms (three two year and two one year). The bylaws don't support this, and the president arranged things so that she wouldn't have to face three opposing directors after the first year.

It seems to me that, following a recall, the board would have to adopt the first election procedure of drawing lots, the object being to determine the terms for the five newly elected directors and establish staggered terms. It makes no sense to have one procedure for the initial officers and another one for the same situation later on.

But common sense often has no bearing on anything.

Does anyone have any experience with this?

MoM1...

Thanks so much for your response. What you say makes a lot of sense. In that way, staggered terms would be maintained, with no need (or opportunity) for the president (self-appointed) to use any other methods.

If anyone knows any documents that support this, that would be really helpful. I will be looking in Sterling-Davis

IMO

If a recall were to take place, and based on the vast majority of Bylaws I have read, then cumulative voting is still in play, which means 99.9% of the time, you would be remaining the whole Board. You are not replacing officers in a recall, you are replacing directors. Once a new Board is seated, then the process of appointing new officers begins again.

As far as terms, you go back to the Bylaws and the original way of drawing lots. Once the Board is selecting, get 5 pieces of paper, fill in the new directors name, fold the paper and put into a hat of container. Making sure the names are not visible, the first two get two year terms and the last three get one year terms. The best procedure, if not otherwise written into your Bylaws, would be the top three vote getter received two year terms and the last two get one year terms. The trick from now one is keeping track of the Board members and the terms they were elections to. Keeping track should be the responsibility of the secretary and management company, if one is employed.

Later, when someone is appointed to fill a vacated seat, that individual would fill the remainder of the term of the director they are replacing.

As you mentioned, common sense isn't always the rule of the day.

I bet they don't oppose it either, I'll bet they are silent on it and the "self imposed" (come armed did she) president's way is as fair as any. The fact that she is in the top three as opposed to the bottom two has no bearing on how many opponents she might face. Maybe when she is up for reelection there will be ten candidates running for three slots, maybe there will only be one.

Ah, the dreaded henchmen bullied them off did they. How by giving them wedgies, taking their lunch money, perhaps the fearsome wet willie?