Five Member Board and Two Year Terms

Started by DonaldN • 3 replies • 1131 views

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DonaldN (Connecticut)
Posts: 183

Posted:

I've agreed to head a committee to amend our Bylaws to provide for a 5 member Board with 2 year terms - for those here on the forum that reside in a HOA with those parameters, I wonder if you could scan the wording in your document and attach it to a response .

Thanks in advance .

TimB4 (Tennessee)
Posts: 21,062

Posted:

Don,

Typically, with staggered terms, people serve from 1 to 3 years.

You always want a one year optional term (as you may have individuals who are only willing to commit for one year) and a two or three year term may be enough to have them not step forward.

I can not offer wording because our 5 directors all serve 1 year terms.

I would suggest that you do an internet search for hoa Bylaws staggered terms

This is an example of what I found:

All Directors will be elected for a two (2) year term. It is the intention of these Bylaws that a staggered Directorate be maintained. To implement and maintain a staggered directorate, the Board may hold seats in future elections open for one or two year terms, when necessary or appropriate. In order to provide for a continuity of experience by establishing a system of staggered terms, at the first meeting of the Board after the 2004 annual meeting, the number of Directors to be seated shall be seven (7). The four (4) candidates receiving the highest number of votes at the 2004 Annual Meeting shall be seated for two (2) year terms. The three (3) candidates receiving the next highest number of votes shall be seated for a one (1) year term. In the case of tie votes, or no election due to an insufficient number of candidates, the Directors elected shall decide among themselves who shall serve the longer terms, and absent the ability to do so, shall decide by lot. Thereafter, all Directors shall be elected for two (2) year terms with four (4) Directors being elected in even numbered years (2006. 2008. etc.) and three (3) Directors being elected in odd numbered years (2005. 2007. etc.). In such cases, those receiving the higher number of votes shall be elected to the longer terms and when no election is held.

DonaldN (Connecticut)
Posts: 183

Posted:

Thanks Tim , over the last several years we haven't been consistent in following the Bylaws with regard to terms of office ; this year I'm going to propose a "fresh start" along with an amendment to the Bylaws ; we'll retain 5 directors but have 2 year terms and eliminate the explicit 1/3 annual turnover rule .

The 3 openings on the Board this year will get 2 year terms and likewise for the 2 openings next year ; and if we following the Senate rule mentioned by Larry , then there will automatically be 1/3 of the Board turning over each year .

I'm also going to try to start a process where we keep better track of what spots should be on the ballot each year along with the correct associated terms .

Unfortunately keeping track of terms of office and who should be on the ballot each year is not very important to most of our unit owners - maintaining low monthly fees and getting things fixed or replaced is the big focus .

Thanks again everyone !!!!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DonaldN on 06/18/2016 7:53 AM

Unfortunately keeping track of terms of office and who should be on the ballot each year is not very important to most of our unit owners - maintaining low monthly fees and getting things fixed or replaced is the big focus .

Then why create and issue vs. eliminating the issue and just have 1 year terms for everyone?

Yes, there is the potential for corporate knowledge to be lost if everyone is replaced.
That can be minimized by creating Officer manuals (email me if you want an example: [email protected]

Realistically, it's unlikely that everyone would quit serving at the same time.

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