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ConchoP (Texas)
Posts: 208
Posted:

We are having our annual members meeting. Couple questions

Background: We live in Texas. Our development is basically under developer control; because the developer has more votes an homeowner participation. Our board is the fist board elected.

Our Bylaws state any one wanting to run for a board position need to turn in a nominee form 5 days before the annual membership meeting.
The letter to homeowners, a nominee list was suppose to be posted on our website, the board never sent any names so a list of nominees are not posted.

1) If we have no new candidates shouldn't the current board still be listed?
2) Because we do not have a list of candidates, how does that effect absentee voters?

I understand per our bylaws we have to meet a quorum to be able to vote.

1)What happens if the board does not have the quorum number when we meet? - yes I know they should have this information but they are new and may not understand.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If unable to achieve a Quorum at the Annual Meeting, no business including elections can be done. I the case of noe election, the BOD stays as is for another year.

All that said, if under developer control they probably have enough votes to make Quorum and swing any election the way they want it to go.
ConchoP (Texas)
Posts: 208
Posted:
To achieve a quorum,the board needs to know what that quorum number by counting homeowners and developer lots and doing the math to find the number.
What if they did not do the math.
SheliaH (Indiana)
Posts: 6,964
Posted:
1 - if no one indicated he/she wanted to run for a spot, you would list the current board. You might also want to check your documents to see if nominations from the floor are accepted. At the meeting, you can announce that no one stated they were interested so we'll open the floor to nominations - if someone speaks up, you can go on from there.

2 - it shouldn't affect the absentee voters that much. Apparently no one else announced they were running, so if you're sending out ballots, mention that factoid, list the current board and they can vote for that slate. You might also add space for a write in candidate if your documents allow it.

3 - regarding your quorum, are you talking about a quorum to hold the meeting itself? Usually, you have to have that before any election can be held, so if you don't have enough homeowners participating, either by showing up or submitting proxies (if your documents allow them), you don't hold the meeting or the election. Your documents should allow you to reschedule, so you'd have to notify everyone the meeting wasn't held due to lack of quorum (you can tell them how many showed up and/or submitted proxies). Remind everyone of the minimum required and encourage them participate in some way.

You said the board members are new and may not understand this, but since you aren't sure, be sure YOU attend the meeting and see what happens - you can point out any irregularities in a cordial but professional manner (you might also want to help out, such as checking people in and counting ballots).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JanetB2 (Colorado)
Posts: 4,219
Posted:
Concho ... you might check your State Statutes. I do not know which you fall under, but there are sections such as the following which will help determine how many homeowners on the Board vs Developer appointed members. The State Law will be supreme and control above CCR's when it makes statements such as "Regardless of the period ... ...declaration".

http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm

Sec. 209.00591. BOARD MEMBERSHIP.

(c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners' association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded

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