Board elections [ONLY] at Annual Meeting or can it be at Special Meeting?

Hi
Our Doc's only showing Board elections under Annual meeting, not in Special Meetings. Can the elections be done at any meeting?
Thanks

Hi Roger
We have a three-member board and all 3 are resigning at a Special Meeting. Agenda said Resignation of all board members and election of new board and they will give the financial statement of the Association. This is a 9 unit Association and we are to have our annual meeting no later than April of every year. They planned this meeting for the 28th of April, how can you have the Annual Meeting in April now?
Thanks Guy

Guy

Unless specified in your docs, an Annual Meeting can be held anytime during the year. Ours say on or before May 1.

Some associations appoint an Election Committee to oversee the election. Other appoint a person to do so. Our MC does it for us.

Basically you are going to need to have a BOD Election. Even if only one person is elected, they can appoint others to the BOD. The question is who will oversee your election? Unless someone does, I expect your meeting will just be finger pointing and screaming. Those resigning could possibly run again.

If no BOD then you could be facing a court appointed trustee. I assure you, this is not the way to go. Like it or not, do your best to get a BOD in place.

Hi John
Doc's say before no later than 4 months from fiscal years end and ours is Dec 31st. Bod said they won't run again. So if the Board resigns then legally there is no board to run an Election? If board elections happen before they resign then the Presidents term was up this year and the secretaries to the VP is next year. President is also the Treasurer. I want to make sure this is done right.
Thanks

John, I think you are confusing the Guy, annual elections are not any time of the year, they are the same every year unless they don't make quorum.

Guy, again this is not an election, most likely the board will select who they want to replace them in this special meeting. Then resign. If they simply resign, then prescribed nominations come from the floor. Which is still not considered an election. No one is being elected at this resignation meeting, they are simply fulfilling the directorship until the annual election. Now unless your ByLaws state that their must be a run-off election, then that would become the annual election date, but not in our ByLaws. But kindly check your Bylaws.

If you want to make sure it is done right, attend the meeting, let them step down. And then volunteer. They cannot object to you volunteering since no votes will be cast. This is why, they will select at least one board member before they resign. If the current board is really nasty, one will resign, other two will vote in the new member. Then the second will resign. Then they will vote in the other member. Third will resign and vote in the new member. This will eliminate the chances of you volunteering.

Again, no election here.

You can do this if the yearly schedule has not been adopted. If it has not been adopted then the directors can schedule an annual meeting at any time, check you Bylaws language on this. End of the day, its really up to the current directors. I say just let them call the special meeting, volunteer and wait for the annual election, that way if you decide that you don't like it, and many don't. Just quit at the annual meeting which is less time than serving an entire term. Instead of getting elected and quitting in the middle of the term, that looks bad.

I don't think I've ever read a more confusing series of posts and threads. Is it a board meeting or a members' meeting? A board meeting can't be an Annual Meeting of the Members. Maybe it's 2 meetings. Can owners vote at a board meeting if the entire board resigns? I doubt it. It sounds like everyone in that association is inept.

If memory serves me correctly there are 9 (yes only 9) owners in Guy's association. It is not like they are not easily reachable. Also the BOD is 3 which is 1/3rd of all owners.

The more Guy posts, the more confused he seems.

I agree with this. Watch what they do, not what they say.

Hi John and Kerry
I'm become less confused by people that know what they're talking about. This helps me learn and help the Association to do things right that is why I ask all the questions and try to give all info on the subject. The Lawyer and this Board are destroying this Little Association.

Hi Paul
Here is the letter I received today from the Board on the Meeting word for word.

NOTICE OF SPECIAL MEETING
Dear Owners
pursuant to Article I, Section 2 of the Association's Bylaws, the Board of Trustees is calling a special meeting where the owners will be asked to accept the resignation of the current Board and to elect a new Board.The owners will also be provided a Financial Report covering all financial activity from May 1, 2017, through April 27, 2018.

Any owner that may wish to serve on the HOA Board is asked to send a confirming e-mail to: xxxxxxxxx

This notice is being provided consistent with the notice requirement in Article I, Section 3 of the Bylaws, which requires notice be provided no fewer than [7] days prior to the date of the special meeting.

The meeting will be an opportunity for the Association as a whole to assess the circumstances confronting the Association and approve a method to meet the financial obligations of the Association. Accordingly, it will be an opportunity to discuss how the Association will approach the issues going forward.

This will be a member only meeting. the Board of Trustees, who is calling the meeting, will not permit any non-members from attending.

The Special Meeting scheduled for April 28, 2018, at 10:00 am.

The Board invites your attention and input regarding this matter. You can attend the Special Meeting that is scheduled as above stated, or by submission of an executed proxy.

Sincerely,

BOARD OF TRUSTEES

ARTICLE I
MEETINGS OF MEMBERS
Section 1- Annual Meetings. The annual meeting of members shall be held four (4) Months following the close of each fiscal Year and at such place as may be determined by the Board of managers and stated in the notice of the meeting' for the election of managers, the consideration of reports to be laid before such meeting and the transaction of such other business as may p;properly come before the meeting.

Section 2, Special Meeting- Special meetings of the members may be called by the President or in the case of the presidents absence, death or disability, the vice president authorized to exercise tire authority of the president or by a majority of the managers by action with or without a meeting, or by members entitled to exercise at least twenty-five Per Cent (25%) of the voting power in a writing requesting the president or such vice president to call such special meeting. Ca11s for such meetings shall specify the time, place and purposes thereof. No business other than that specified, in the call sha11, be considered, at any special meeting.

Section 3. Notices of meetings. Unless waived, written notice of each annual or special meeting stating the time, clace and the purposes thereof shal1 be given by personal d.eIiveryr o:: by leaving a copy at each members unj.t, or by mailing a copy to such member addressed to him at his unit, not more than forty-five (45) days nor less than seven [7) days before any such meeting. Any member, either before or after any meeting, may waive any notice required to be given by 1aw or under these By1aws.

Annual Meeting must be on or before the last day of April. Fiscal year ends on December 31 of every year. Presidents and secretaries terms are up Vice is Next year. I'm Pretty sure the Attorney wrote the letter.