Board Appointment

Started by DavidB43 • 10 replies • 1283 views

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DavidB43 (Indiana)
Posts: 16

Posted:

I just received a letter from the Board President that she has appointed me to fill a vacancy on our Board. She did not take a vote from the board. Is this legal and will it hold? I have accepted but am being told by the ex board member that she cant do this..help!

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By DavidB43 on 05/02/2016 10:27 AM
I just received a letter from the Board President that she has appointed me to fill a vacancy on our Board. She did not take a vote from the board. Is this legal and will it hold? I have accepted but am being told by the ex board member that she cant do this..help!

1. She has no authority on her own to appoint you.

2. You have no obligation accept her appointment.

3. Ex board member is correct.

4. Send Prez a letter saying that you respectfully decline her invitation to sit on the board - and be done with it.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

David

All the Bylaws I have known say the BOD can fill a vacancy but this means the BOD (as in vote on the person), not just the President.

If you want on the BOD and want it done properly, ask the President to put your name in front of the BOD to vote on to fill a vacancy.

RichardP13 (California)
Posts: 3,868

Posted:

There is one way that this could happen and that is IF she is the only Board member left. Rules states that they can't conduct business EXCEPT to fill a vacancy(s) on the Board to meet quorum.

DavidB43 (Indiana)
Posts: 16

Posted:

Thats what I thought too. Thanks

DavidB43 (Indiana)
Posts: 16

Posted:

Thats what I thought too. Thanks

TimB4 (Tennessee)
Posts: 21,062

Posted:

David,

Do you know for a fact that a vote wasn't taken (that is to say, have you talked to the existing board members)?

If you want to serve, do so.
This will place you in a position to help influence how things are done and you can work on having them done correctly.

If you were not properly appointed (as there was no vote), at the first meeting ask that a vote be taken.

DavidB43 (Indiana)
Posts: 16

Posted:

I am waiting for a response. It could be she has a majority ok and didnt ask the rest of the Board.

KerryL1 (California)
Posts: 14,550

Posted:

JohnC is suggesting that you read your bylaws, David. They should say very clearly how vacancies are filled. Having a "majority "OK" among the board and not asking the rest of the Board is not proper. Vacancies are filled by votes of the board in a meeting. Unless, that is, there are minutes that show the rest of the board gave the Prez authority to fill a vacancy on her own.

I see Tim's point, but I personally would be reluctant to fill the position if not done correctly.

Do you want to serve, David? Do you know why she chose you?

DavidB43 (Indiana)
Posts: 16

Posted:

Yes I want to serve. This is not David, I am Kathy, his wife and just used his info to register because I lost my user name and PW and it kept kicking me out. I questioned the BP about this and she said there is no issue..I accepted for several reasons, but the main reason is this, these people continue to go against our documents. They do not care about anyone or anything except their own agendas. They are picking and choosing what ever they want. I finally got the revised by laws (that they rewrote from 7 pages to 22) and have never bothered to share with the community. I am a professional property manager. I served on my HOA Board for 10 years. They violated all the election rules laid out in the bylaws as well. I have accepted the appointment as presented and it will take an army to remove me. I cant sell my house and move right now, so I am in for the long haul to assure many if us that things are being done lawfully and in accordance with our governing documents. I so appreciate this forum where I can dig for information and get different opinions from the experienced.
Thank you.

TimB4 (Tennessee)
Posts: 21,062

Posted:

So was the appointment letter for Kathy or David or Both?

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