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DonaldN (Connecticut)
Posts: 183
Posted:
We are in the process of updating our bylaws to conform to recent statutory changes in Connecticut ;
we haven't kept good records regarding the terms of office of our 5 member board and see this update
process as an opportunity to "fresh start" the terms of office of our 5 member board.

I'd be interested in hearing the thoughts and/or experiences of others on this forum on ways to
structure/define the terms of office of a 5 member board so that there is reasonable turnover of
board members every 2 to 3 years .
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Off the top of my head, I would go for two year terms and every year 2 or 3 are turning over. This may require an adjustment when initiated such as the 3 highest vote getters will serve a two year term and the lowest 2 vote getters will serve a one year term. Example:

2018 members A B C D E
2019 A B seats up for election
2020 C D E seats up for election
2021 the above repeats with A B seats up for election

Also clarify that if the BOD appoints someone to fill a vacancy that they fill out the term of the vacancy. This will keep the above in sync.
KerryL1 (California)
Posts: 14,550
Posted:
I'm with JohnC. Include "staggered terms" in your bylaws. If somehow they do get our of sync, do the voting as he suggests. The reason for staggered terms is so that you'll always have some vets on the Board to guide the new directors. Now, it's true that some "vets" will be pretty useless, but hope for at least one.

I like two-year terms. You may want to think of term limits for directors, though I generally oppose them.

Officer generally serve one year and are appointed by the Board.
SheliaH (Indiana)
Posts: 6,964
Posted:
We also use staggered terms and ran into the same problem when we lost track of when board members came on, whether they were succeeding someone and when that person’s term was up. We rarely had anyone run against current board members (it was and still is extremely difficult to get anyone to serve), so everyone ended up continuing their term. We usually made quorum at the annual meeting thanks to proxies and since no one wrote in candidates or volunteered from the floor, we’d make a motion to accept the current board members by acclamation and then summarize all this in the annual meeting minutes and next newsletter. To this day, no one’s objected.

Anyway, when it was time to plan an annual meeting and a number of board members couldn’t remember when they started, we (well, I did) went through about four years of Board meeting minutes, as they listed if someone was appointed, resigned or reelected, so we were able to determine subsequent end dates from that.

Board terms are for three years, so, for example, if someone was appointed in 2007 to serve out the term of another whose term was up in 2009, he or she would have been up for re-election in 2010, 2013 and 2016. I left the board in 2014, so I can only assume this has continued.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By SheliaH on 06/20/2017 10:59 AM
Board terms are for three years, so, for example, if someone was appointed in 2007 to serve out the term of another whose term was up in 2009, he or she would have been up for re-election in 2010, 2013 and 2016. I left the board in 2014, so I can only assume this has continued.

If you are appoint someone to fill out a term, if the person's term ends in 2009, why who that person be up for re-election in 2010? Should they be up for re-election in 2009?
DouglasK1 (Florida)
Posts: 2,046
Posted:
I'll be the odd man out here, our docs don't call for staggered terms, we elect the entire board every year. The continuity issue hasn't been a problem so far (almost 20 years since turnover), rarely do incumbent board members who are running get voted out. At least a couple of board members have always been re-elected, and usually more like 3 to 5 (out of 5).

Escaped former treasurer and director of a self managed association.
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By DouglasK1 on 06/20/2017 12:02 PM
I'll be the odd man out here, our docs don't call for staggered terms, we elect the entire board every year. The continuity issue hasn't been a problem so far (almost 20 years since turnover), rarely do incumbent board members who are running get voted out. At least a couple of board members have always been re-elected, and usually more like 3 to 5 (out of 5).

That means you have great board members. Congrats! It's not always like that.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I'm for and against staggered terms.

I understand the reasoning and based on that, I'm for it.

However, it's hard enough to get volunteers to serve a one year term and when the two year terms come up for election, it may be tougher to find those willing to commit.
KerryL1 (California)
Posts: 14,550
Posted:
Our Bylaws state that a Board vacancy will be filled by the Board until the next annual meeting (vs. until the end of the term). This has helped us find willing candidates when they know they'll only serve a year of less.

We had a resignation in March and three stepped up to fill the vacancy. At our annual meeting & election in Oct., we'll give the 3rd highest vote-getter a one instead of 2-year term.

The other reason I like this approach is in case the Board appoints a horrible replacement, we won't be stuck with the person for, possibly, close to two years.
DonaldN (Connecticut)
Posts: 183
Posted:
Thanks everyone for your input ; over the last several years we've had property manager turnover and good records weren't kept - someone mentioned putting the most recent information about terms of office in the annual meeting minutes and the newsletter , good idea - unit owners have historically shown little interest in being on the BOD and typically incumbents continue to serve but I feel that if the bylaws have the rules outlining the terms of office and we keep good records going forward , then it's not a big deal if the same people end up on the BOD every year .

thanks again for your time !!!!
JanetB2 (Colorado)
Posts: 4,219
Posted:
Donald ... You have not stated how large your association is ... However, no matter how large or small a handful of individuals who may have stepped up to the plate in the beginning will NEED and WANT a break at some point in time. It is good to give them a break because down the road you may need their past expertise again (but if they were ran ragged they may not volunteer in future when desperately needed again in future). Any owner who purchases in an HOA needs to understand that potentially at some point in time they NEED to step up to the plate and take their turn in the management of the Non-Protfit Corporation in which they purchased. Too many people now a days will purchase in an HOA and then blatantly ignore the needs of the community where purchased. Keep in mind you are not only an HOA but also a "Community of Homeowners". To be a great HOA you need to do everything you can to promote that "Community Spirit".
ND (PA)
Posts: 792
Posted:
Quote:
Posted By DouglasK1 on 06/20/2017 12:02 PM
I'll be the odd man out here, our docs don't call for staggered terms, we elect the entire board every year. The continuity issue hasn't been a problem so far (almost 20 years since turnover), rarely do incumbent board members who are running get voted out. At least a couple of board members have always been re-elected, and usually more like 3 to 5 (out of 5).

Curious if anyone else, like DouglasK1, has entire Board elections every year and how that has worked for you.

We currently attempt 3-year staggered terms with 3 board members, but it has always been a challenge. Resignations essentially negate the intent of the 3 year terms and staggering. It's also always been a challenge getting volunteers to run each year (from among 100 homes). I see several benefits w/ the 1-year terms:
- More attractive to people who don't want to commit to a 3-year term.
- Simpler to get rid of an undesirable, unproductive Board Member (by voting them out at next election).
- Good, motivated Board Members are likely to win elections, and are encouraged to advocate for themselves and stay motivated if they want to stay on the Board.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By ND on 06/22/2017 4:15 AM

Curious if anyone else, like DouglasK1, has entire Board elections every year and how that has worked for you.

Our entire Board seats (5) goes up for election each year.

Often we have individuals willing to continue and toss their hat into the ring once again.

Rarely does the entire Board leave.
However, based on this potential, I did create Officer binders with the minimum that is needed to be done to keep the Association on track (narrative, examples of paperwork where needed, calendars and copy of all governing docs). It doesn't mean that the binders will be opened and used. However, it is in place to minimize the loss of corporate knowledge.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By ND on 06/22/2017 4:15 AM
We currently attempt 3-year staggered terms with 3 board members, but it has always been a challenge. Resignations essentially negate the intent of the 3 year terms and staggering. It's also always been a challenge getting volunteers to run each year (from among 100 homes).

I think we may actually be neighbors, ND. Many attempts here over the years to make sure the terms of directors are staggered but it never lasts long and resignations are the reason why. We also have severe challenges getting volunteers to run each year. Nobody has actually had to "run" for the last 5 years since there haven't been more candidates than seats open. As a result, if someone wants to be on the board and they've got a pulse, they're on for a 2 year term (assuming they don't resign before it's over). We also have 100 homes. Are you SURE you don't live here?
DonaldN (Connecticut)
Posts: 183
Posted:
We have 68 town house style units ranging from 3 attached per building to as many as 6 - located roughly 15 miles NW of centrally located Hartford, CT ; at the annual meeting we're lucky to get 15 owners in attendance ; over the last several years incumbents who want to continue on the Board get the nod because no one volunteers to challenge them.

I discovered this forum 4-5 years ago and think it's a great venue condo owners to ask and hopefully answer questions that are relevant to condo living .
TracyeH (North Carolina)
Posts: 58
Posted:
We had a rougue board for a while the treasurer was running everything and about spent us out. She had someone on paper to be president but she ran everything and he resigned. Now there's a lot of questions where money went. Oh and did I mention she destroyed all the hard copies of files of our HOA history, repairs, vendors , minutes, meetings etc. Anyway, we had to elect a new 5 member board. One person has lived in the development 27 years (me) the other 4 less than a year. Talking about a hot mess. The finances were so messed , we couldn't do 2013, 2014 audits. Payments had not been applied to accounts. But we are getting back on track and trying to get some of our money back.
We have a five member board though our bylaws only state we need a president and treasurer, and terms of one year. We have a President, VP-Architectural Chair, Secretary, Treasurer, and one non-dutied for breaking ties in votes.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TracyeH on 06/24/2017 11:51 PM
We had a rougue board for a while the treasurer was running everything and about spent us out. She had someone on paper to be president but she ran everything and he resigned. Now there's a lot of questions where money went. Oh and did I mention she destroyed all the hard copies of files of our HOA history, repairs, vendors , minutes, meetings etc.

To me "rogue" means doing what you want without regard for your documents or the law. When money starts disappearing that's way beyond "rogue", it's criminal.
KerryL1 (California)
Posts: 14,550
Posted:
Tracye, directors and officers don't mean the same thing. Look again at your bylaws to see how many directors (members of the board) you need. Might be five; might be a range.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By KerryL1 on 06/26/2017 1:36 PM
Tracye, directors and officers don't mean the same thing. Look again at your bylaws to see how many directors (members of the board) you need. Might be five; might be a range.

To expand on this, the board is elected by the members of the association (property owners). The board then elects the officers, who are normally board members, but depending on your governing docs, may not have to be.

Escaped former treasurer and director of a self managed association.

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