Terms of new board members

Started by RickR12 • 6 replies • 1108 views

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RickR12 (California)
Posts: 10

Posted:

Hi,
We recently had a special meeting in which all members of the Board were voted out and a new Board took over the same day. At the time of the special meeting (October 2017), some of the old members only had 4 months left in their terms.

Do the new members carry over the remaining duration of the old members 'term' or do they get a new 2 year term ? Our Bylaw is pretty vague on this subject.
We have our Annual meeting coming up in February where the members were usually elected.

SheliaH (Indiana)
Posts: 6,964

Posted:

Normally, if a board member quit or got recalled before the end of the term, the replacement would take over the remaining term and if the old member would have been up for re-election anyway at the time of the annual meeting, that person could run for the spot and if elected, have a two year term as usual. In this case, you threw out everyone and so, it would appear half may have to run again at that time and the rest at whatever time the previous board members would have been up for reelection. However, who wants to run now or wait two years from now? What will you do if everyone wants to stay for the next two years? Too bad no one considered that at the time of the recall, although I do understand you were preoccupied with throwing the rascals out.

In order to give everyone a fresh start, I suppose the homeowners could vote to have all these folks start their terms in February, but it's usually better to have staggered terms so you'll always have a mix of new and experienced people. If they do start in February, the board members can then draw lots to see who will be eligible in 2020 and 2021. Do this at the annual meeting so everyone will know who will be up for re-election at the appropriate time. Or you can draw lots now to see who has to run in February and then start keeping track from that point on.

Actually, I'm thinking you may want to have two special homeowner meetings because I'm sure the current board is busy trying to sort out what went haywire with the other bunch and come up with a plan to deal with it. Your annual meeting can feature what's been done to date and what the homeowners can expect for 2018 and then the next meeting can address this election. Or vice versa.

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:

Proper procedure would be that all new Board members have to get re-elected at the Annual meeting in February. Depending on your Bylaws and if you have staggered terms, if you should have 5 Board members, then the top three vote getters serve two years and the other two get one year. In 2019, the two spots are up for election and the top two then get two year terms and you are back where you should be.

Until the next recall.

KerryL1 (California)
Posts: 14,550

Posted:

What Richard & Sheila wrote depends on if your bylaws state that you must have staggered terms. Ours do and when things have gotten out of whack, our HOA attorney advised what Richard did: If you have 5, Top 3 voter getters in that election, two years, next two, I year.

It does sound like your bylaws call for staggered terms.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our Bylaws say the person appointed fills out the term of the person that are replacing. In the situation of the entire BOD being recalled/replaced, I would think the same applies versus entirely new terms.

Read your Bylaws closely.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JohnC46 on 12/11/2017 4:13 PM
Our Bylaws say the person appointed fills out the term of the person that are replacing. In the situation of the entire BOD being recalled/replaced, I would think the same applies versus entirely new terms.

Read your Bylaws closely.

They had staggered terms. If they had done it at the recall, maybe, but I don't think so.

RickR12 (California)
Posts: 10

Posted:

Yes, they had staggered terms. Of the original members, 3 would have seen their term end in Feb 2018 and 2 in Feb 2019

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