Another election question

Last year, our Board President quit because of health reasons. The Board then appointed another lady to take her place. The new lady asked, after she was appointed that she have a lessor place on the Board for lack of Board experience. At the same meeting the Board agreed and made her Vice President and the Vice President then became President.

The position of President is up for election this year. The Vice President is not. The old Board members are telling her that regardless of where she sits now, she was appointed as President at that time so she has to go.

I don't agree. The person that is President now should be the one that is on the ballot not her.

Any opinions?

Roger,

You are correct. But isn't it true, you are only appointed to a position for the length of time the remaining for that position? You can't just stay President of the association indefinately unless you are elected by the membership to remain there.

Kathy

Hi Kathy:

Check your documents as they may be different...but "normally" the members vote for board members, and then the Board chooses its officers (Pres/Vice/Sec'y/Treas) amoung themselves.

If Bill is elected for three years and quits the board after two years, the replacement person fills out the remaining term (one year) and then the position is up for election. If Bill had been President, and resigned from the Board (and office of Pres) then the Board would assign someone to replace his seat on the Board, and then choose new officers.

If your docs say that the HOA members elect the officers rather than simply Board Members, then you would have a different situation, to which your Bylaws should speak in the case of a resignation. It should also state how long board positions are elected for, and how many each year (such as 2 year terms, 3 elected one year and 2 elected the following year; or 3 year terms, one elected one year, two the next year and two the following year...).

The documents will over-rule any misunderstanding on the part of board members; if you have a manager or MC they should be able to clarify - if they keep adequate records.

J. Patrick Moore, CMCA

KathyS,

I’m sure you will receive much better advice than I will be providing to you. I would have to agree with you. Whether appointed or in fact she was fulfilling a prior board commitment, she should only HAVE to (if required-by-laws) She should really be commended for stepping up to the plate, to fulfill such obligation.

Too force her to run a second or even third term, would simply be immoral! IMHO.

I would think, “If” this board is basically telling her she must “run” a second term, would be horrible. I maybe wrong, but would be certain that they(the board) would most definitely loose any interest she has toward pursuing a board position in the future, in your community.

Keep us posted
Chuck W.

KathyS:
When a Board member resigns for whatever reason (health or otherwise), and they still have part of a term to fulfill, the Board may 'appoint' one to finish that resignee's term of office. For the Board to appoint this resident to fulfill the term and then move her to another position, IMO, is not appointing for the vacant office.

Normally, the members elect 'seats' to the Board and the Board members choose for their office. Your docs should speak to the length of term, usually the term duration overlaps with a 'veteran' who remains until next election. We alternate years & terms: 1 is elected/2 remain; next year 2 elected/1 remains; and so on, always having 3 members with one veteran in place.

In this instance, this 'appointed' Board member was not elected by members and should not extend the term without an election. You need to go back to your docs re: terms of office to see how many seats are to be elected at this time and if the Board members choose which office they will hold.