ethics violation

Started by KateS2 • 8 replies • 574 views

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KateS2 (Connecticut)
Posts: 41

Posted:

With our general election coming up in May, can the board President just move two board members up extending their term? He claims that no one wants to be on the board. How do we know this before the nominations next month and a lot of new people have moved in. Our bylaws and CC&R's clearly state the voting regulations, and I don't think he can do this, He does not listen to anyone and the board members are fairly new and sit there without saying something. They admit they don't read the documents. Why are they on the board? because he like it that way
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CathyA3 (Ohio)
Posts: 6,299

Posted:

They may be able to extend their terms if your community goes through the process of holding the annual meeting and election. That would include providing notice with election materials (probably written, probably needs to be done a month or more ahead of the meeting). Then hold the annual meeting. If nobody volunteers, then those whose terms were ending at the annual meeting would remain in place, assuming they want to. Unfortunately this scenario is not unusual due to apathetic homeowners.

But no, there has to be a good-faith effort to hold the election before anybody decides to extend terms.

For what it's worth, the board president has no more say about this than the other board members do. It's just that so many board presidents seem to think they call the shots. They don't, but if nobody pushes back, they usually get their way.

MichaelS56 (Minnesota)
Posts: 859

Posted:

I am assuming that this President has a history of making decisions and no does anything about it. In many associations apathy brings power to a President who seeks it. Get people informed and then involved.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kate

At the Annual Meeting, when there are not enough members for a Quorum then no business (including a V+BOD Election) can be conducted and the existing BOD Members stay on the BOD until the next Annual Meeting.

At the Annual Meeting if there are less then (only 2 running and 3 open spots) or the same amount of people running for open BOD spots (3 running for 3 open spots), there is no need for an election. They are automatically on the BOD.

Could either of these things be happening?

KateS2 (Connecticut)
Posts: 41

Posted:

He just decided to move these two board members up another year, because he said we have a hard time getting people on the board. well I said wait until the nomination meeting and see who wants to run since there are a lot of new members who moved in. I agree with moving up current board members but not until AFTER the annual meeting and everyone voted.

BenA2 (Texas)
Posts: 1,273

Posted:

Unless there is something in your state law or governing documents stating the president has that power, then no, the president cannot extend terms. The president generally has no more authority then any other board member except that he or she runs meetings.

If these board members want to stay on the board then it's simple, nominate them and put them on the ballot. If, for any reason, there are not enough board members elected then the board can appoint members but that is normally specified in your governing documents.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Wh o or what group of owners will challenge the President if he does carry out what his plan?

KateS2 (Connecticut)
Posts: 41

Posted:

who knows other than myself. He keeps things off the minutes so the rest of the resident's won't see this, hopefully when they see how many board members are up for re-election maybe they will notice these two board members moved up another year before the voting. He will claim it was an executive meeting and no minutes were taken. Well I record all meetings so he can't say no he didn't say it

JohnT38 (South Carolina)
Posts: 1,631

Posted:

I hope you did it legally.

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