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Board voting to replace an open spot but not choosing from any of the candidates from the last election

Started by JaredS • 8 replies • 1756 views

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JaredS (Florida)
Posts: 2
Posted:
Our condo building is divided between the old/new guard. The old guard board is voting to replace an open position and it's rumored that they are not considering any of the 3 candidates who came in a close 4th, 5th, and 6th place agains the three incumbents last year. Instead, it is rumored that they will select a person, who is aligned with them, and has never shown any interest in running. Do I have any options here (one of the former candidates - new guard)? I could submit a petition, but our last one was ignored (calling for a special meeting). In reality, we have a classic case of a board behaving badly, and almost 500 units allowing it out of sheer apathy or fear of retaliation. Are we just stuck with this?.... sign
DouglasK1 (Florida)
Posts: 2,046
Posted:
Most governing documents just specify that the remaining board elects replacement directors, there is usually not a requirement that they be among the candidates at the last election. Make sure to read your bylaws and declarations to see if yours are any different.

Assuming a majority feel the way you do, probably your best option is to mobilize the vote at the next election.
Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I'll add that if there is too much apathy to effect a change in the board at election time, then yes, you are stuck with the board you have.
Escaped former treasurer and director of a self managed association.
JaredS (Florida)
Posts: 2
Posted:
Thank you for the feedback. The governing documents appear to allow the board to replace the open spot with a majority vote. I'm hoping this apathy changes when the residents learn about the special assessment we are getting, and the questionable replacement by a person who had no interest in running last year.
SheliaH (Indiana)
Posts: 6,964
Posted:
Could one of these candidates (or even a homeowner who didn't run, but has been thinking about it) just show up at the next meeting and volunteer for a spot? That's how we've appointed some of our board members after we first announced a vacancy.

As others have said, nothing will change unless and until your fellow homeowners wake themselves up - special assessments are usually good at that. I would think homeowners will have to approve a special assessment anyway, so check your documents to ensure this board isn't trying to do another end run around you.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
When our dictatorial & secretive Old Guard reigned and a vacancy occurred, we collected many signatures to give to the board at the relevant meeting urging appointment of "one of us upstarts" --a man who'd served on several committees & had lived here for several years. Instead, of course, the Board appointed a newer owner who'd never even attended a board meeting and who lived here part time. He was a train wreck.

Luckily, elections were a few months later and some of us got on the Board. A year later, the New Guard comprised the majority of our Board of 7.

I still think, following Sheila's point, that if you bring a petition with xx signatures to an open meeting in favor of one of you who wasn't elected, and read that person's contribution to your HOA aloud, owners who do attend meetings will wonder why the Board picked a do-nothing as a director instead of (say) you. Send the petition in advance of the meeting to the directors & your PM if you have one.
KerryL1 (California)
Posts: 14,550
Posted:
When our dictatorial & secretive Old Guard reigned and a vacancy occurred, we collected many signatures to give to the board at the relevant meeting urging appointment of "one of us upstarts" --a man who'd served on several committees & had lived here for several years. Instead, of course, the Board appointed a newer owner who'd never even attended a board meeting and who lived here part time. He was a train wreck.

Luckily, elections were a few months later and some of us got on the Board. A year later, the New Guard comprised the majority of our Board of 7.

I still think, following Sheila's point, that if you bring a petition with xx signatures to an open meeting in favor of one of you who wasn't elected, and read that person's contribution to your HOA aloud, owners who do attend meetings will wonder why the Board picked a do-nothing as a director instead of (say) you. Send the petition in advance of the meeting to the directors & your PM if you have one.
JonD1
Posts: 2,350
Posted:
The current board was in fac elected. Part of their authority is to fill vacancies as they see fit. Not as someone not elected might wish it to be.

Now if the 4th, 5th, and 6th place finishers were NOT to the OP's liking what then?
Or do we now try to find another option to impose YOUR will over that of the elected board.

Elections win or lose have consequences and like others have said if the owners allow what is being suggested as board misbehavior then they should accept their role and live with it.

Or it just might be possible the OP is in the minority and cannot muster the support to bring about their desired change.

If the other side came in 1,2,3 and you finished 4,5,6, seems to me you need to find a better way next time.
EW4 (West Virginia)
Posts: 95
Posted:
You maybe stuck with the decision of the board especially if the governing documents allow replacement by the majority vote of the board. My board has an opening and the majority has indicated that they want to bring back a former member who's term recently expired. Well, there issues with that individual while he served and those issues will come back. And I suspect the majority will ignore those issues until enough homeowners complain.

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