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RichardG8 (Florida)
Posts: 3
Posted:
Our HOA has a three person Board and term limits of three years. Our President has stayed on as President for the past six years because no one was interested in running. Now there is an owner who wants to run in the next election period but the Property Manager says that the president still has two years to go in this term. Our position is that he wasn't elected last year, he volunteerd. Therefore, the position should be open. Sounds like a pretty lame rationale to keep the owner from running. Does this make any sense?
BrianB (California)
Posts: 2,820
Posted:
Been there, done that. I stayed on for multiple terms because no one else would run.

Technically, if you followed all the rules and P's and Q's, a person is elected/selected/chosen to "fill a vacancy" and typically, that vacancy runs until the end of the standard term. So, if your board member 'stayed on', by whatever process, he was probably selected to serve out the remainder of the term. Thus, your MGT company is correct on that part.

However, you should still have elections per the normal cycle, so new guy can volunteer and be elected to the board at the next election, into whichever 'seat' is coming up under the end of its term.

Usually (but not always), officers are elected from among the board members yearly after the election, so while this original member might still be a board member for a year or two, the position of President might well be open at the conclusion of the annual cycle.

So, it seems to me that the guy can run for board at the next election, get a seat since it seems you are short of people who care to run, and then follow the by-laws you have to continue.

I could be wrong. often am.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Richard

I expect the answer is in your Bylaws. It will center around if one fills a vacancy is it until the next election or the entire term of the filled vacancy.

If say 3 year terms, it is possible when one is appointed or keeps it via default such as no one ran to fill the position it could well be for the remainder of the term which could be 3 years.

Bottom line is what they are doing could well be within your Bylaws.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
No edit so and addition.

Typically the Officers of a BOD (such as the President, VP, Treasurer, Secretary, etc.) are elected by the BOD from amongst themselves. One does not run for the position but for the BOD then the BOD elects its own Officers.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Unless the current president will resign mid-term, the new owner should await election at the first appropriate opportunity. Respect the process.
ChristyD1 (South Carolina)
Posts: 11
Posted:
Our president does nothing and continues to stay on becuause in a few years we can update our covenants an he wants to try to get solar panels approved for the front of houses. He does not drive thru neighborhood and look at houses, upkeep, maintenance of common grounds or anything. He avoids bringing up in meetings requiring another president since the treasurer and secretary run basically everything. So I'l love to get him out somehow myself.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ChristyD1 on 11/25/2013 7:36 PM
Our president does nothing and continues to stay on becuause in a few years we can update our covenants an he wants to try to get solar panels approved for the front of houses. He does not drive thru neighborhood and look at houses, upkeep, maintenance of common grounds or anything. He avoids bringing up in meetings requiring another president since the treasurer and secretary run basically everything. So I'l love to get him out somehow myself.

Christy

You could start a recall move. Member/owners will have agree and sign to recall him. Read up on how to recall a BOD Member or the entire BOD for that matter in your Bylaws.

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