JanineR (Tennessee)
Posts: 259
Posts: 259
Posted:
We require five people to serve as directors in our HOA.
This year all five directors' terms are up by the next annual meeting.
Lets say in the upcoming annual meeting:
three >new< people volunteer to be on the board, and
there is a quorum at the meeting, and
all three new volunteers are voted in by members.
How, who, and when would the other two vacancies be decided amongst the current directors?
(Tennessee, condos, 145 units)
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Bylaws read:
Directors: 4 c:
Except as to vacancies provided by removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of members shall be filled by the remaining Directors until the earlier of (i) the next annual meeting of the members, and (ii) the date of a special meeting called pursuant to these Bylaws for the purpose of filling the vacancy, at which time a Director shall be elected to fill the remaining term of any such vacancy
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more Bylaws excerpts
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Director's Meetings
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5 (a): The organizational meeting of a newly elected Board of Directors shall be held within ten (10) days of its election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary providing a quorum shall be present.
5 (c): Special meetings of the Directors may be called by the President, and must be called by the Secretary at the written request of any two (2) of the Directors. Notice of the meeting shall be given personally or by mail, telephone, or telegraph at least three (3) business days prior to the day named for such meeting, which notice shall state the time, place, and purpose of the meeting.
5 (f): The presiding officer of Directors' meetings shall be the President. In the absence of the President, the Directors present shall designate one of their numbers to preside.
5 (h): The Directors may adopt any resolution by an instrument in writing, signed by all of the then qualified and acting Directors, and any such resolution, when so executed, shall have the force and validity of a resolution adopted at any regular or special meeting.
Meetings of Members
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3 (b) Special meetings of members shall be held whenever called by the President, any Vice-President, or by a majority of the Board of Directors, and must be called by any such officer upon his or her receipt of a written request for a meeting from members entitled to cast lot less than [20 %] of the votes of the entire membership.
This year all five directors' terms are up by the next annual meeting.
Lets say in the upcoming annual meeting:
three >new< people volunteer to be on the board, and
there is a quorum at the meeting, and
all three new volunteers are voted in by members.
How, who, and when would the other two vacancies be decided amongst the current directors?
(Tennessee, condos, 145 units)
------
Bylaws read:
Directors: 4 c:
Except as to vacancies provided by removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of members shall be filled by the remaining Directors until the earlier of (i) the next annual meeting of the members, and (ii) the date of a special meeting called pursuant to these Bylaws for the purpose of filling the vacancy, at which time a Director shall be elected to fill the remaining term of any such vacancy
------
more Bylaws excerpts
------
Director's Meetings
-------------------
5 (a): The organizational meeting of a newly elected Board of Directors shall be held within ten (10) days of its election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary providing a quorum shall be present.
5 (c): Special meetings of the Directors may be called by the President, and must be called by the Secretary at the written request of any two (2) of the Directors. Notice of the meeting shall be given personally or by mail, telephone, or telegraph at least three (3) business days prior to the day named for such meeting, which notice shall state the time, place, and purpose of the meeting.
5 (f): The presiding officer of Directors' meetings shall be the President. In the absence of the President, the Directors present shall designate one of their numbers to preside.
5 (h): The Directors may adopt any resolution by an instrument in writing, signed by all of the then qualified and acting Directors, and any such resolution, when so executed, shall have the force and validity of a resolution adopted at any regular or special meeting.
Meetings of Members
-------------------
3 (b) Special meetings of members shall be held whenever called by the President, any Vice-President, or by a majority of the Board of Directors, and must be called by any such officer upon his or her receipt of a written request for a meeting from members entitled to cast lot less than [20 %] of the votes of the entire membership.