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Board members term

Started by GlenM3 • 11 replies • 981 views

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GlenM3 (Tennessee)
Posts: 5
Posted:
How long can board members stay on the Board? Can they stay as long as they want or do they have to be re voted in each year. Attached is the bylaws.

https://ibb.co/m9pFUR

https://ibb.co/efWZOm

Any info on how this works would be great.
Thanks
Glen
TimB4 (Tennessee)
Posts: 21,059
Posted:
To drastically paraphrase:

1) IF the development is still under control of the developer (still being built out), then the developer determines who serves on the Board.

2) Once the development is completed, the members shall elect director.

3) Directors must be owners or spouses of owners

4) The Board will consist of 5 Directors

5) The term of each Director is not specified in the document provided. Therefore, per the TN non profit corporation act (applicable if your Association is incorporated as a nonprofit - most are but check to be sure), Tenn. Code Ann. § 48-58-105, terms are to be 1 year in length. Check the articles of incorporation and the CC&Rs to see if term length is identified.

6) Nominations for Directors can be from the floor (someone can say they will run at the meeting).

Hope this helps,

Tim
RichardP13 (California)
Posts: 3,868
Posted:
I don't see any articles of incorporation. There is nothing in the CCRs or Bylaws that spells out the term limits.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The closest would be the requirement that elections are held each annual meeting (per the documents provided). Expect 1 year but could certainly be open for interpretation and potential ruling.

Poorly written documents.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TimB4 on 01/30/2018 8:34 PM
The closest would be the requirement that elections are held each annual meeting (per the documents provided). Expect 1 year but could certainly be open for interpretation and potential ruling.

Poorly written documents.

Probably a general or contract attorney??

You think?
GlenM3 (Tennessee)
Posts: 5
Posted:
I have found alot of the bylaws are poorly written. But we are non-profit. So we should go by the tn act u mention.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, I'd also say go with TN corp. law
RichardP13 (California)
Posts: 3,868
Posted:
I looked at a Tennessee HOA's Bylaw and they have Board terms of two years, so the length of service should be in the Bylaws.

The more you look at all these Bylaws and CCR's you get the feeling that lawyers or developers care less about putting out a fait products than passing the buck and putting documents in place that don't match the properties or homeowners.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By RichardP13 on 01/31/2018 8:33 AM

The more you look at all these Bylaws and CCR's you get the feeling that lawyers or developers care less about putting out a fait products than passing the buck and putting documents in place that don't match the properties or homeowners.

More money for lawyers down the road when somebody has to untangle the mess. The other factor that probably drives this is developers wanting to spend as little as possible because they don't have to worry about the mess they leave after turnover.

Ours certainly fit that bill.
Escaped former treasurer and director of a self managed association.
SS11 (Arizona)
Posts: 7
Posted:
My HOA used to have regular meetings where they tallied the votes for the officers and members.
They are not doing this regularly anymore. When they feel like it they will send out a letter asking if anyone wants to run and get their bio and resume.
Of course, nobody wants to run and we get stuck with the same people all the time.
I was an officer for a very short time and then resigned. Now we have had a president for over 4 years who has initiated lawsuits against some but ignored others who violated the R&R in the same manner. Never even advised the community of the legal fees he incurred for the community.
Nothing anyone can do since nobody else wants the job either. Seems like it always goes to the president's head and they think they can get away with anything.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By SS11 on 02/14/2018 4:49 PM
Nothing anyone can do since nobody else wants the job either.

I'd wager that this is the biggest single problem in most associations everywhere: apathy.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SS11 on 02/14/2018 4:49 PM
My HOA used to have regular meetings where they tallied the votes for the officers and members.
They are not doing this regularly anymore. When they feel like it they will send out a letter asking if anyone wants to run and get their bio and resume.
Of course, nobody wants to run and we get stuck with the same people all the time.
I was an officer for a very short time and then resigned. Now we have had a president for over 4 years who has initiated lawsuits against some but ignored others who violated the R&R in the same manner. Never even advised the community of the legal fees he incurred for the community.
Nothing anyone can do since nobody else wants the job either. Seems like it always goes to the president's head and they think they can get away with anything.

SS11

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