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Suspended Elections

Started by TerryS6 • 7 replies • 423 views

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TerryS6 (Pennsylvania)
Posts: 13
Posted:
Our CC&Rs and By-Laws call for Board elections by ballot. There are no provisions in our documents
that would permit suspending normal order.

Members volunteer to be on the Board...and that's the end of it. There is no opportunity for
discussion or even an oral up/down vote at annual meetings.

The association has had trouble with recruitment...hence the excuse for suspending normal order.
However, without elections by ballot, toxic members end up on the Board by default. Toxic members
then act as a repellent for better candidates. It's a real 'catch 22' problem.

Not sure if the above is considered legal in the state of Pennsylvania for Planned Communities.
Long time residents(>25yrs)can't remember the last time there was an actual election.

Given these circumstances, is it reasonable to question the legitimacy of the Board?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Terry

In order to conduct business at the Annual Meeting, including elections, there must be a Quorum. Lacking a Quorum the existing BOD stays in place. Also a BODF may appoint a person to fill a vacancy.

Could this be why your BOD stays the same?
MaxB4
Posts: 3,513
Posted:
That is not entirely true.

Many Bylaws will have a provision to adjourn an annual meeting and have the quorum requirement cut in half. For instance, you could have requirement for a majority of members for quorum, but the members present can vote to adjourn to a later date where the number is reduced, normally in half or 25%.

Big difference in not holding an election and deciding the Board stays in. Can't have those pesky ankle biters, can we?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MaxB4 on 06/19/2021 11:20 AM
That is not entirely true.

Many Bylaws will have a provision to adjourn an annual meeting and have the quorum requirement cut in half. For instance, you could have requirement for a majority of members for quorum, but the members present can vote to adjourn to a later date where the number is reduced, normally in half or 25%.

Big difference in not holding an election and deciding the Board stays in. Can't have those pesky ankle biters, can we?

Thanks for mentioning this. Our Bylaws contain such but I admit we have ignored it and will until someone bites our ankle about it.

PS
We have to beg people to be on our BOD.
MaxB4
Posts: 3,513
Posted:
So you only follow your governing docs when it suits you, but God help those who don't put their garbage cans out of view of the code enforcers.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MaxB4 on 06/19/2021 11:31 AM
So you only follow your governing docs when it suits you, but God help those who don't put their garbage cans out of view of the code enforcers.

Get off my ass fool.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By JohnC46 on 06/19/2021 1:23 PM
Posted By MaxB4 on 06/19/2021 11:31 AM
So you only follow your governing docs when it suits you, but God help those who don't put their garbage cans out of view of the code enforcers.


Get off my ass fool.

Hey, it was just an observation.
TerryS6 (Pennsylvania)
Posts: 13
Posted:
TY for your comments.

Re quorum: Our meetings have had quorums. Though the threshold is low at 10%/membership.

The association is 40yrs old and the developer is long gone. But, a remaining quirk is that non-members
can still serve on the Board.

Composition of the first Board usually includes the developer and non-members. It then transitions to an
all member composite as units are sold. Our By-Laws were never designed or amended to reflect this transition period.

Frankly, it only takes one toxic Board member to spoil the barrel. Maybe having neutral non-members on the
Board would not be so bad after all??

Some of our resident tenants would make excellent Board members...but thus far have been excluded from consideration...though technically permitted by our By-Laws.

The association has painted itself into a corner. No elections and it refuses to think outside the box.

And, legally challenging the status quo may cause more harm than good??

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