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ReneeD (Illinois)
Posts: 201
Posted:
We are an Illinois HOA.

Asking this because I have found nothing in our governing documents. Five positions on Board; currently 4 board members with one position open. One of the four decided not to run for the Board.

We had our Election. Including this and prior two years we have not met quorum so by acclimation current 4 board members remain until next election.

However, we may decide to hold a special meeting and the one board member who decided not to run initially actually still is a contender by default. Would this person have to accumulate votes as a write in candidate to remain on the Board? -ReneeD
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Renee

In most association Bylaws it allows the BOD to fill the vacant position(s) with a person they can agree on. With 4 present members it would take 3 to agree to the person.

Why not just fill the vacancy that way?

ReneeD (Illinois)
Posts: 201
Posted:
Thanks for your reply and, it seem the most logical plan to take, John.

In the meanwhile, there is one board member we are contemplating on removing. As I said previously we all are on by acclimation. Because we have not met quorum and none of us were "elected" so to speak by the general membership at the election meeting held the other night, it would seem that by board majority, the remaining three board members can request that person/board member to step down. Correct? -ReneeD
MatthewW4 (Arizona)
Posts: 500
Posted:
Renee,

Removing a board member is touchy. If your bylaws are silent on the subject, then defer to your state's HOA laws and corporate laws (in that order).

You can always ask the person to step down but if he refuses then you will need to follow the procedures laid out above.
GlenL (Ohio)
Posts: 5,491
Posted:
Renee, since you did not meet quorum and could not have a meeting you all were not reelected by acclimation but rather remained by default. Most documents state that you will remain a Board member unless replaced by election or resign. Just because the person stated he was not going to run again does not change that fact. Maybe he changed his mind and intends to serve. As Matthew pointed out you can ask for his resignation, just as he could ask for yours, but unless he resigns, you would need to recall him.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ReneeD on 09/12/2013 6:05 PM
Thanks for your reply and, it seem the most logical plan to take, John.

In the meanwhile, there is one board member we are contemplating on removing. As I said previously we all are on by acclimation. Because we have not met quorum and none of us were "elected" so to speak by the general membership at the election meeting held the other night, it would seem that by board majority, the remaining three board members can request that person/board member to step down. Correct? -ReneeD

Typically a BOD Member can only be recalled by those who elected him. If he was elected by the members, then the members have to recall him in a recall election. If he was appointed to the BOD by the BOD to fill a vacancy, then the BOD could remove him with a simple majority vote of the BOD. I believe this is also how it is handled in a carry over BOD such as it seems you now have.

Some Bylaws do have a clause about missing so many consecutive meetings.

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