BOD Election/term

Started by KP3 • 2 replies • 715 views

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KP3 (Texas)
Posts: 124

Posted:

Our bylaws state that after development period, at an annual meeting members shall elect 5 board members for term limits of 2 for 3 years, 2 for 2 years and one for one after which successors shall serve two year term limits. The situation isn’t that simple. We elected the five board members at a special meeting because the declarant board resigned. That was mid 2016. The one year term should have been up in 2017 but was not thus extending the term to the upcoming annual meeting. The association has justt now become financially stable. My question is this. The two terms for two years will not be expired until mid 2018. Board majority is in agreement that all terms should be allowed the same extension as the one year term thus getting elections on track with annual meetings. The property code states that any board member whose term has expired must be elected by owners who are members of the association. This tells me that the only position up for election is the one year term which expired in 2017 and th others shall be elected at the next annual meeting and so forth. Anyone have experience with this sort of situation?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KP3 on 03/02/2018 7:34 AM
Our bylaws state that after development period, at an annual meeting members shall elect 5 board members for term limits of 2 for 3 years, 2 for 2 years and one for one after which successors shall serve two year term limits. The situation isn’t that simple. We elected the five board members at a special meeting because the declarant board resigned. That was mid 2016. The one year term should have been up in 2017 but was not thus extending the term to the upcoming annual meeting. The association has justt now become financially stable. My question is this. The two terms for two years will not be expired until mid 2018. Board majority is in agreement that all terms should be allowed the same extension as the one year term thus getting elections on track with annual meetings. The property code states that any board member whose term has expired must be elected by owners who are members of the association. This tells me that the only position up for election is the one year term which expired in 2017 and the others shall be elected at the next annual meeting and so forth. Anyone have experience with this sort of situation?

KP

A term is for a period of time commencing when elected. We had a case where one year we were 4 months late in having our Annual Meeting (another subject) so that term was for 16 months. Our terms were never calendar year terms.

In your case the one year term became longer but it will expire at the 2018 Annual Meeting thus creating a single vacancy. The 2 in for two years will expire Annual Meeting 2019 as will the one in for one year. The two in for 3 years will expire Annual Meeting 2020 as will the one in for one year. Bottom line is you will always have an election needed at the Annual Meeting.

KP3 (Texas)
Posts: 124

Posted:

Thank you John. That was my thoughts exactly. One board member whose term is coming up for election was under the impression that theee board members would be up for election..

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