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Posted By AlexM1 on 03/28/2015 7:11 AM
Who decides if we should have a seven member HOA board... or a 3 member board? We are to have an uneven number board.. 3,5,7 or 9 but if we have 5 now could we go to seven? Who decides that and at what point do we decide that. Our elections are in June. would like to keep it at 5 but if this one person insists on staying on and does get "some" votes, can he insist that we go to a seven person board just so he can remain on the board?
Your bylaws, articles of incorporation, or declaration should fix the number of directors or at least give a range such as 3-to-5. Changing the actual number of directors should require amending whichever document specifies the number. The fact that someone gets some votes should not control the number of seats on the board and a director making that argument ought to be taken out to the woods and put out of his (and your) misery.
The worst mistake my board ever made was to expand the number of directors from five to nine. This occurred immediately after the developer turned control over to the owners. The first five directors found themselves totally unprepared for the challenges of running an HOA but rather than admit incompetence they just expanded the board to include four more worthless members. Once that number is increased it is not likely to ever go down again. In reality, we normally have three people who get things done and six who bring no leadership to the table.