Board Member Resign and Run Again

Started by NpB • 11 replies • 1992 views

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NpB (Arizona)
Posts: 604

Posted:

A Board member was elected in 2019 for a three year term, but resigned in late 2019. The seat remains vacant, despite an attempt to owners requesting candidates to fill the seat.

Two Board seats are expiring in 2021. Can the Board member who resigned in 2019, run again in 2021, despite having resigned and his/her seat remaining open?

MarkW18
Posts: 1,257

Posted:

Why not?

BillH10 (Texas)
Posts: 1,215

Posted:

Frankly, the board member who resigned in late 2019 could be appointed to fill the remaining time of the term to which he or she was elected. There may be language in some association documents somewhere which addresses resignations and not being eligible to run for office again, if there is I have never seen it.

Resignations occur for a variety of reasons. If the owners in your association do not wish to elect the person again, that is their prerogative.

CathyA3 (Ohio)
Posts: 6,286

Posted:

Sure. Unless your bylaws specify term limits, then someone can serve as many terms as he is elected or appointed to.

BoardM3
Posts: 27

Posted:

If they are still an owner and remain in good standing with the HOA (no outstanding fees) - I'm guessing they would be allowed to run. Its hard to know for certain without seeing the documentation.

GeorgeS21 (Florida)
Posts: 3,705

Posted:

Sure.

You’ve read your docs? Doesn’t violate statute?

NpB (Arizona)
Posts: 604

Posted:

The Bylaws and CC&Rs are silent on this matter.

GeorgeS21 (Florida)
Posts: 3,705

Posted:

So, what is the question, then?

KerryL1 (California)
Posts: 14,519

Posted:

Agree with others.

NpB (Arizona)
Posts: 604

Posted:

The question is the same as in my OP.

GeorgeS21 (Florida)
Posts: 3,705

Posted:

I think that question has been answered.

BillH10 (Texas)
Posts: 1,215

Posted:

If eligible, yes, he or she may run for election to any vacant seat, regardless of the prior resignation, unless there is language the state corporation code or some such, to the contrary.

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