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MaryS37 (Illinois)
Posts: 3
Posted:
After our Annual Meeting and our New Board is seated.. should there be a new election with the new board to elect a President, Vice President,Secretary and Treasure..or can The old Board Member's state that we are going to keep the one's already serving in these positions...what does the by-laws say on this issue..even if they want to keep these same positions shouldn't a vote still go forward... A response Please...# 2...If a qualm of the board assess an erroneous fine of 9,750.00 on a home owner to stop them from being elected to the board..what can be done about this.....waiting for an answer
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MaryS37 on 12/17/2014 9:25 PM

After our Annual Meeting and our New Board is seated.. should there be a new election with the new board to elect a President, Vice President,Secretary and Treasure..or can The old Board Member's state that we are going to keep the one's already serving in these positions

Expecting that your Association is incorporated as a non-profit (most are, but check to be sure), per 805 ILCS 105/108.50 Officers are appointed or elected as outlined in your Bylaws. Therefore, the answer will be in your Bylaws.

If most of the previous Board is re-elected, it is common for the same individuals to remain in the same Officer positions.

Quote:
Posted By MaryS37 on 12/17/2014 9:25 PM

what does the by-laws say on this issue..even if they want to keep these same positions shouldn't a vote still go forward...

As pointed out earlier, the manner of electing/appointing Officers within your Association will be in your Bylaws.

In my Association, the new Board, at the first meeting of the new Board, appoints individuals to Officer positions. Typically this is done very informally (i.e. the question is asked, does anyone want to serve as President?). This is then recorded in the minutes.

Quote:
Posted By MaryS37 on 12/17/2014 9:25 PM

If a qualm of the board assess an erroneous fine of 9,750.00 on a home owner to stop them from being elected to the board..what can be done about this.....waiting for an answer

I doubt that a fine in that amount was assessed overnight. Whenever fines are being initially assessed, that is the time to fight it. This can be done various ways:

1) Taking the issue to the Board.
2) Taking the issue to binding arbitration
3) Taking the issue through the courts
4) using the issue to educate the members, gather support and not reelect that Board.

Of course, one also has the options of:

1) Paying the fine
2) Chose to do nothing and see what the Board does next

As I've often pointed out, with every decision there are consequences (intended and unintended). Based on the amount of the fine, I suspect that at some point you chose to wait and see what the Board did next. An unintended consequence of such a decision, as you found out, can result in voting privileges being suspended or being disqualified to serve on the Board.

Keep in mind that such a decision doesn't stop others from being elected to the Board. Therefore, you could still gather support and keep the old board from being reelected. You might not be able to serve on the Board at this time, but you could help elect others to the Board that could waive your fine and allow to be a nominee the following year.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Hi Mary

Read your docs. If the $9,750 is some kind of penalty and not for non-payment of dues, your docs may still allow you to run and be elected.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
To add to Tim's reply, in CA, statute dictates that we hold an open organizational meeting as soon as possible after an election to appoint officers. We hold ours immediately after the election. Few H/Os stay. It last about 10 minutes as we also set our meeting schedule for the next year.

While our directors serve two years, our bylaws say officers only serve one year.

Sometimes we appoint the same officers, sometimes different ones. I imagine in other HOAs, officers sort of take turns annually, but still there is a vote. In our HOA, th treasurer tends to be appointed every year because no one else wants the office!

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