Quote:
Posted By ThomasC6 on 07/09/2007 6:34 PM
Well, we had our Annual Meeting Sat. The current Board dismissed the Sec/Tres for lack of performance, not representing the Homeowners, etc. etc. Sec/Tres is the one who "bought" the votes to bring in a "hositle" board (in MANY Homeowners opinion, not just mine!) in "firing" him, the current Board voted to Invalidate the elction as flawed due to some members were not sent ballots, ballots were confusing compared to past ballots, individual running for President was still a Board member and had not resirned before election, financial records are not properly maintained (no one who has briefly reviewed them can make any sense of them ...).
The majority of Homeowners in attendence voted to re-schedule the entire meeting until Oct 7, 2007, at which time a new election will held.
Now, the person who was on the ballot for President came to a Special Board Meeting today, called for the purpose of selecting an interm SEC/Tres and made a statement that "they" opened ballots (most people got their ballots back at the end of Sat. meeting)and have decided there are new Board members and the prior Board is to return the Sec/Tres by Wednesday, this week.
My concern is there has been wrong-doing by the Sec/Tres, the financial records are a mess and could not pass an audit by an outside agency. "We" feel we have the Homeowners backing and are being threatened by a few with "money" and "attorneys" on their side. I suggested to the current Board members to file a complaint with the Sheriff's department for investigation and possible DA charges. But, we feel pressured ...
In a word, what would you do?!
Thomas:
First, the board can dismiss a board member due to missing consecutive meetings, and if this is the case and your governing documents read this way then the Secretary/Treasurer is relinquished of his/her office.
Second, It is the remaining board members that appoints that remaining term. I am a little confused when you say the "current President was still a board member and did not resign before election"? This statement doesn't make sense to me. Was the President's seat up for election? If so, he doesn't have to resign, and he is able to re-run for the seat again. Unless your documents call for the election of the office of President, board members run for the board and most times, unless specified in the documents; the board members appoint the offices amongst themselves.
The President cannot make or change the governing documents to suit his/her needs. Coming to a special meeting for the purpose of selcting a new Secretary/Treasurer until the October (new election date)he/he does not have the power or veto vote. Each board member has 1 vote, if the rest of you concur that you are appointing a new officer until October than majority rules.