Vacancy Appointment

Started by CandiceS • 3 replies • 945 views

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CandiceS (California)
Posts: 15

Posted:

Hello from southern California!

Our president resigned last week at our meeting (great president by the way) as they are moving. In addition our management company blindsided us by giving 30 days notice. Not to worry yet as we have already interviewed 3 companies with 2 more to come and make a decision by end of next week.

Our bylaws state the Board shall consist of a minimum of 3 and a maximum of 5 persons. It also states under vacancies - in the event of a vacancy on the Board caused by the death, resignation, or removal of a Director, the remaining Directors shall elect a successor who shall serve for the unexpired term of his predecessor.

There is a homeowner who wants to be appointed however, we are aware from first hand experience this is a rogue homeowner. There are 4 of us left and we have synergy and are focused on priorities.

The annual meeting is in October and are wondering if there is any way to forego this appointment until elections at that time.

Thank you in advance!

SheliaH (Indiana)
Posts: 6,964

Posted:

You have 4 board members, so it would be prudent to have 5 to avoid voting ties. Since the board can appoint whoever they want, you don’t HAVE to pick this person, especially if you’re concerned about his past behavior. Just be sure "rouge homeowner" is based on fact. Personality conflicts are one thing, but I'd be more concerned about consistency and fairness in rules enforcement, willingness to ask tough questions and make tougher decisions when you know people will squawk (undermining the board after a decision has been made isn't cool) and avoiding conflict of interests are more important. If you don't think this guy is capable of doing these things, vote how you feel.

Look around for other candidates and interview all of them, including this guy – perhaps he’s changed his attitude? Ask the same questions to keep things fair and then make your decision. If the man really wants in, he can run for a seat at the appropriate time. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,061

Posted:

The Bylaws, per your citation, says shall appoint. Therefore, you need to appoint someone.
The Board may appoint whom they wish. It does not have to be that individual.
However, to avoid issues (or at least minimize them) you need to find an alternate person for the board to vote for.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 05/04/2017 4:10 PM
The Bylaws, per your citation, says shall appoint. Therefore, you need to appoint someone.
The Board may appoint whom they wish. It does not have to be that individual.
However, to avoid issues (or at least minimize them) you need to find an alternate person for the board to vote for.

Sound advice.

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