ChrisG11 (Washington)
Posts: 1
Posts: 1
Posted:
Good Morning! Need some assistance with this scenario. To Summarize:
- Our board appoints members for a 2 year term.
- After 3 months of a 2 year term, A board member left of his own choosing and as a result,the remaining board appointed a replacement (for this story, we shall call him "Bert" (that's not his name :-)). That was 9 months ago and last week our HOA had our annual meeting. For the first time in a long time, We had more volunteers than open positions (3) but to my surprise, the position temporarily filled by "Bert" wasn't one of them. It was always my impression that temp board members had to be formally voted in, and that has been the case in the 10 years I've lived in our community. We also had a quorum at that annual meeting. After enquiring about this to our board, They pointed out a clause in our CCR's (see below)allows for board members who took up a temp position to automatically serve the remainder of that position.
- Our CCR's have the following, which seems to be a standard clause - "The board shall not act on behalf of the Association .. or to elect members of the board or determine the qualifications, powers and duties or terms of office of members of the board..But the board may fill vacancies in its membership for the unexpired portion of any term".
- Our Bylaws also have the following - "Vacancies on the Board caused by reasons other than the removal of a director by a vote of the Association shall be filled by vote of the majority of the remaining directors, even though they may constitute less than a quorum. Each person so selected shall be a director UNTIL A SUCCESSOR IS ELECTED AT THE NEXT ANNUAL MEETING of the association to serve the balance of the unexpired term."
- Their main justification was that as the CCR's trump the bylaws in terms of authority, Bert didn't have to be voted in.
Normally, My feeling is that anyone who volunteers for a temp position should be encouraged but on the flip side, Bert was never formally voted in by the community.
Has anyone else dealt with this kind of scenario and how should the question of ranking between "Legislation/Washington State Condominium Act" v's CCR's v's Bylaws be approached?
Really appreciate anyone's input.
Thanks!
Chris.
- Our board appoints members for a 2 year term.
- After 3 months of a 2 year term, A board member left of his own choosing and as a result,the remaining board appointed a replacement (for this story, we shall call him "Bert" (that's not his name :-)). That was 9 months ago and last week our HOA had our annual meeting. For the first time in a long time, We had more volunteers than open positions (3) but to my surprise, the position temporarily filled by "Bert" wasn't one of them. It was always my impression that temp board members had to be formally voted in, and that has been the case in the 10 years I've lived in our community. We also had a quorum at that annual meeting. After enquiring about this to our board, They pointed out a clause in our CCR's (see below)allows for board members who took up a temp position to automatically serve the remainder of that position.
- Our CCR's have the following, which seems to be a standard clause - "The board shall not act on behalf of the Association .. or to elect members of the board or determine the qualifications, powers and duties or terms of office of members of the board..But the board may fill vacancies in its membership for the unexpired portion of any term".
- Our Bylaws also have the following - "Vacancies on the Board caused by reasons other than the removal of a director by a vote of the Association shall be filled by vote of the majority of the remaining directors, even though they may constitute less than a quorum. Each person so selected shall be a director UNTIL A SUCCESSOR IS ELECTED AT THE NEXT ANNUAL MEETING of the association to serve the balance of the unexpired term."
- Their main justification was that as the CCR's trump the bylaws in terms of authority, Bert didn't have to be voted in.
Normally, My feeling is that anyone who volunteers for a temp position should be encouraged but on the flip side, Bert was never formally voted in by the community.
Has anyone else dealt with this kind of scenario and how should the question of ranking between "Legislation/Washington State Condominium Act" v's CCR's v's Bylaws be approached?
Really appreciate anyone's input.
Thanks!
Chris.