New Board Member waiting period

Started by DanielD2 • 10 replies • 1208 views

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DanielD2 (California)
Posts: 8

Posted:

I would like to know if we (the board)vote on a new director, is there a waiting period for him/her to vote and if so, how long is it? We really need this directors vote on something because as of now we have 4 Board members and we are split 50/50 so he/she could break the tie. However, we were instructed by the MC that there was a waiting period and his/her vote wouldn't count. I couldn't find it in our by laws or CC&Rs anywhere.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By DanielD2 on 10/13/2007 11:44 AM
I would like to know if we (the board)vote on a new director, is there a waiting period for him/her to vote and if so, how long is it? We really need this directors vote on something because as of now we have 4 Board members and we are split 50/50 so he/she could break the tie. However, we were instructed by the MC that there was a waiting period and his/her vote wouldn't count. I couldn't find it in our by laws or CC&Rs anywhere.

If no waiting period is specified in your CC&Rs or by-laws, then there is no waiting period. The MC works for the association and board, not the other way around. They collect dues, maintain the property, and whatever else you contract them to do. They do not tell the association how to run its business.

Ron
SC

DanielD2 (California)
Posts: 8

Posted:

Thank you for replying so fast. Now I have another question for ya... Can a special meeting be called to vote this person on, and if so how much notice do we have to give the other board members. I have tried to look it up and I have found somethings that say 4 days some say 10 and some ever 35 days.... Do you know what it is, or where I might be able to find this. I would really like to have him on before the next board meeting in the beginning of next month.

ALSO..... can a board member reneg on a signature we obtained for an approval of funds released for a community party? We were all 4 on board and then at the actual meeting two of them pulled out, after 2 of us went door to door to each of the 300+ res. Can they do this, or do I and the other board member have any recourse in this matter. I am new to this board and all the home owners are going to know of me is that I promise something and don'tcome through. My word is being compromised because they pulled their approval and like I said we aresplit 2/2 again on this matter as well. Any help you can give would be greatly appreciated

DanielD2 (California)
Posts: 8

Posted:

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By DanielD2 on 10/13/2007 12:03 PM
Thank you for replying so fast. Now I have another question for ya... Can a special meeting be called to vote this person on, and if so how much notice do we have to give the other board members. I have tried to look it up and I have found somethings that say 4 days some say 10 and some ever 35 days.... Do you know what it is, or where I might be able to find this. I would really like to have him on before the next board meeting in the beginning of next month.

ALSO..... can a board member reneg on a signature we obtained for an approval of funds released for a community party? We were all 4 on board and then at the actual meeting two of them pulled out, after 2 of us went door to door to each of the 300+ res. Can they do this, or do I and the other board member have any recourse in this matter. I am new to this board and all the home owners are going to know of me is that I promise something and don'tcome through. My word is being compromised because they pulled their approval and like I said we aresplit 2/2 again on this matter as well. Any help you can give would be greatly appreciated

You have to find the requirements for a meeting in your by-laws. They are not all the same. Probably the president or any two members can call an emergency meeting. There shouldn't be any time restrictions on an emergency meeting because in an emergency, you must meet. Of course, you need a quorum so if they don't show up you can't have a meeting.

As for signatures, it's hard to say, but I would say if a resolution was passed it would take another vote to recind it.

Ron
SC

DanielD2 (California)
Posts: 8

Posted:

OK so if they don't show, can we have a certain % of the Homeowers come to constitute a quarum?

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By DanielD2 on 10/13/2007 12:17 PM
OK so if they don't show, can we have a certain % of the Homeowers come to constitute a quarum?

I don't believe so, but again, check your documents. Normally a board can appoint a replacement board member without the menvership voting. You can't have members sit in for board members.

If you want to call a special membership meeting to vote in a new officer you would have to follow any proceedures for calling a special membership meeting.

Ron
SC

HaroldS (Arizona)
Posts: 906

Posted:

"We were all 4 on board and then at the actual meeting two of them pulled out," Daniel - I'm having trouble with this statement.
How were you 4 "on board" prior to the actual meeting? Did you discuss this item among yourselves prior to the actual meeting? You said something about a signature. Was this prior discussion and signatures at an open meeting? Generally I'm not aware of board members "signing" decisions. Was this a contract? Just curious.
Seems like you made promises that were not cast in concrete. Does your entire career hinge on providing this community party? How much is being spent?
How long have you been just 4 board members? Now all of sudden you need a 5th board member to break a tie?How many does your documents require? Harold

DanielD2 (California)
Posts: 8

Posted:

As provided in our bylaws, we can approve things except an election of a Board Member without having a meeting as long as it is unanimous. So we were all unanimous and then the monthly meeting comes and they said that they didn't want to do it anymore AFTER we posted it in the common area and at each residence as instructed in our bylaws with in three days. As far as our board, there are 5 spots available and 4 of them are filled as of now. I am the most recent addition. This fifth person applied right after the last meeting. We are asking for 800.00 to feed and entertain 600 people (which is nothing, but thank god we have some contacts that were willing to discount) Also, it states NO WHERE in the bylaws that someone can go back on a signature. It actually states that as soon as you have all the signatures, it is considered an act of the board.

HaroldS (Arizona)
Posts: 906

Posted:

What state are you in? Are you not covered by open meeting laws?
If you actually do have the power to make decisions outside an open board meeting, then it was a done deal. How or why did it come up again at your "actual" meeting, as you call it? And what are all these signatures? Harold

NancyD1 (Florida)
Posts: 447

Posted:

Daniel,

What state are you in? Why does the board have to approve $800.? Doesn't the board have the decision to make purchases below a certain figure? If this item is not in the budget I could possibly see a vote but you should have a social line in your budget where these funds could be appropriated from.

Check your doc's but when a board member is succeeding another (not a vote by members) you can usually vote him as a director at a regular BOD meeting. He can then take his position with the board and vote on any subjects that come up immediately after.

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