How to fill vacant board position in California

Started by MD • 7 replies • 2494 views

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MD (California)
Posts: 27

Posted:

There is one opening on the board of directors in my homeowners association due to a resignation. I have many issues with my HOA and thought putting myself on the board of directors would be a good way to push resolution of the issues. The HOA bylaws allow for members to appoint a board member when a vacancy is not filled by the board of directors. My question is this -- within the California Corporations Code, there is statute requiring a "majority of quorum" and another statute requiring "two and a half percent of voting power." Which is correct?

LarryM3 (California)
Posts: 37

Posted:

MD,
When there is a resignation it is up to the BOD to appoint someone to fill the vacancy of that term. Why don't you contact the BOD and tell them you would like to serve on the board.
If they don't appoint someone you can ask for a vote at the next general meeting. If a quorum is met for the meeting (check your documents) you can ask for a vote to go on the board. If a majority vote for you , you are in.
Good Luck, Larry

RobertR1 (South Carolina)
Posts: 5,164

Posted:

LarryM2,
Not to throw crap in the game has anyone run across when a resignation on the Board the candidate with the next highest # of votes should take the position. I know this won't work all the time but isn't that a better way.
Of course I am referring to the last annual meeting where a candiadate was not elected. I also would like to suggest to all that a lot of these questions about legality don't amount to spit. I certainly am in favor of having all our documents provide and they have to be followed to prevent anarchy. But if we stop and look back on all these very critical examination of different state law, and CC&R's, and 1000 details, who and what is right, I would bet that the majority of us trying to clarify a rule or law or what have you, is done to satisfy a personal agenda. There is too much, just ignore the situation of HOA business until you, personally, are effected. It is apparent that a good HOA is one that has a lot of people involved, Peer pressure is as effective as nuances about the documents, probable more.
Do you ever get the feeling that a large number of HOA's are one step from chaos. People buy, move in, never give a thought to obligations, some buy property for the rental market, etc, etc, etc, I'm preaching to the choir again. But these real facts are important, maybe the most import factor about HOA living. Should we be saying more about it?

MD (California)
Posts: 27

Posted:

Larry: Thank you for your reply but this is not a situation where going to the board of directors to express interest in a position will work. It's long and complicated but there are many, many problems in the HOA. The board of directors continues to leave the position unfilled which is why I asked my question.

The HOA does use the "next highest vote getter" approach but in this case that won't likely happen since the next highest vote getter was a direct cause of a lawsuit against the association. Personally, I've never seen that approach but I guess if the community is apathetic, there is wisdom is using "next highest vote getter" to fill a board position.

JaneK (California)
Posts: 175

Posted:

What do your by laws say about vacancies?
Jane

MD (California)
Posts: 27

Posted:

The bylaws say members may fill a vacancy not filled by the board of directors. No method is specified and no specific details on number of member needed. I take it to mean if I have a majority of quorum then I am able to put myself on the board. I have 82 signatures and quorum is 124. The highest vote getter in the election received 80 votes.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

How about who has power to toss off a board member that was appointed by the Board to fill a vacancy created by a resignation. As instructed in by laws.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MD: Re the vacant position on the Board--does this vacancy now result in an
even number of Board members? If so, this is not the ideal situation for voting purposes. If this is the case, it is a good point to make.

The Board members do have the right to assume responsibilities of the one who vacated a role; however, it would be in their best interest to fill the vacant position with a resident who is willing and has the community's interests at heart.

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