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CharlesG5 (Florida)
Posts: 60
Posted:
HOA in Florida. Have a nine member board. There were five candidates running for five spots. No annual meeting because there was no quorum. Could not have an Organization meeting because we were not sure if the five candidates were on the board. The Secretary resign before the annual meeting along with another board member. The December bord meeting was cancelled. Our Articles states that immediately after the annual meeting there will be an Organization meeting. The Presidents term was up at the annual meeting and he feels he should run any meeting until he is replaced. The only officer we have lefted is the Treasurer.No Secretary or Vice-President. We found out that the Turner verus Butler Farms solved the problem with the five candidates and they were placed on the board at the January meetng. At the January meeting, the Vice President resigned. The President had two agendas for the January meeting,and he did the January board meeting agenda first and then the Organization meeting agenda second. The new board is not paying attention to our documents. We still do not have any officers other than the Treasurer. There were eight board members and no one was appointed to be the nine board member. The new board does not want to spend the money to contact our HOA attorney. Some mess.
SheliaH (Indiana)
Posts: 6,964
Posted:
With all due respect, this post is hard to read (it looks like you were in a hurry to write it). Please separate this into paragraphs (one idea to a paragraph usually helps).

Usually, if there’s no annual meeting, there are no elections and therefore whoever’s currently on the board stays there until the board appoints replacements or another meeting is called to elect replacements. The organization meeting is likely held for the board members to elect officers from among themselves. In this case, it would appear no one wants to be an officer, which is a problem, OR the board has had several split decisions because there isn’t a ninth member to break the tie.

You probably don't need the HOA attorney to hash this out – this board needs to stop dithering and someone may have to step up and take a position for now. I’m sure the newbies don’t want the job because they’re new to life as a HOA board member, so if there are any holdovers from the previous board, I would urge them to take the positions at least for this year and then see how they feel.

Some education on best practices of HOA officers would also be a good idea – in addition to reading your documents to see what the president, vice-president, etc., are supposed to do, go to the Community Association Institute (CAI) website and consider buying some of the education materials on those positions. You may also need a few on how to run a HOA meeting. There are also a lot of conversations on this website where you can pick up some tips.

You don’t really say what it is you want – are you interested in becoming the ninth board member and you’ve been ignored? Your documents may state that the board can appoint members to serve out a remaining term, so if you have some issue with the board members, that may not happen. If you want to push the issue, you’ll have to rally the homeowners and push for a special election – and this time, the rest of them need to step out so you’ll have a quorum.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
I forgot to ask - has anyone sat down with the previous officers and perhaps asked THEM what the job entails? Talking to your property manager, if you have one, might also be a good idea.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Charles,

Corporate law specifies that if the previous directors continue to serve, regardless if the term ended, until their replacement is elected or appointed. However, the Director may also resign at any point in time.

The five candidates did not get elected because there was no election.
However, the Board can appoint those individuals to the position and life can move on.
OR, the Board may continue to serve until the next annual meeting.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 01/23/2017 3:20 PM

The five candidates did not get elected because there was no election.
However, the Board can appoint those individuals to the position and life can move on.
OR, the Board may continue to serve until the next annual meeting.

Tim pretty much nailed it.

I would add the only other alternative would be for the membership to call for a Special Meeting to elect BOD members if desired prior to your next annual election. However, that would mean that you must have others willing to take on the responsibility and duties. Due to the apathy in most HOA's Tim's suggestions ... are excellent choices.
GenoS (Florida)
Posts: 4,276
Posted:
"An election is not required unless more candidates are nominated than vacancies exist."

It doesn't matter if there wasn't a quorum at the members meeting and that no business was conducted. The candidates looking to fill board seats, where the number of candidates are less than or equal to the number of vacant seats, become members of the board.
MatthewR3 (Texas)
Posts: 2
Posted:
Cool!

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