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CourtneyS2 (Texas)
Posts: 74
Posted:
Hello,

Our bylaws state at the first annual meeting after the expiration of class b membership the membership elect one director for a term of one year and two directors for a term of two years. At each annual meeting of the members thereafter the members shall elect the number of directors equal to the number of directors whose terms expire at such time for a term of two years.

Does this indicate that our current three member board should consist of two members with a two-year term and one member with a one-year term.

As of now we've only had two year terms for all members. Upon the declarant expiration date. The declarant elected one director on for a two-year term. The next year he voted two members for 2-year term.

KerryL1 (California)
Posts: 14,550
Posted:
Your bylaws say that directors serve for two years. It started with 2 for years and one for one year to establish "staggered" terms. This means that theoretically there never will be a Board of all new, green, directors. There will be a least one who's served at least a year.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Courtney

The way I read it.

2000
3 Members elected
A for one year
B for two years
C for two years

2001
A's one year term is up and the person elected gets a 2 year term.

2002 (3 elected)
A has a year left
B's two term is up
C's two term is up

2003 (1 elected)
A's two year term is up. It now becomes a two year term.
B has one more year
C has one more year

2004 (2 elected)
A has one more year
B's two term is up
C's two term is up

2005 (1 elected)
A's TERM IS UP
B has one more year
C has one more year

All will have two years terms but they are staggered. There will be an election every year. For one spot one year, for two spots next year. Then for one spot one year, for two spots next year on and on.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Error Correction

2000 (3 elected)
A for one year
B for two years
C for two years

2001 (1 elected)
A's one year term is up and the person elected gets a 2 year term.

2002 (2 elected)
A has a year left
B's two term is up
C's two term is up

2003 (1 elected)
A's two year term is up. It now becomes a two year term.
B has one more year
C has one more year

2004 (2 elected)
A has one more year
B's two term is up
C's two term is up

2005 (1 elected)
A's TERM IS UP
B has one more year
C has one more year
CourtneyS2 (Texas)
Posts: 74
Posted:
Thank you. I have another question. We have one position up for re-election. However we only have one person that is running for that position which is the same board member. Does that board member automatically get the position?
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By CourtneyS2 on 10/20/2021 11:11 AM
We have one position up for re-election. However we only have one person that is running for that position which is the same board member. Does that board member automatically get the position?
If the Bylaws permit nominees from the floor at the annual meeting, or if write-in candidates are allowed, I think your HOA is stuck running a full-blown election.
KerryL1 (California)
Posts: 14,550
Posted:
If your Bylaws ares like many, including ours, yes, you're stuck having an actual election. This is our situation this year for the 1st time since '10.

If your bylaws do NOT permit write ins or nominations from the floor, you probably can declare that person a director by acclamation at the annul meeting. TX posters may know something different.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 10/20/2021 11:40 AM
If your Bylaws ares like many, including ours, yes, you're stuck having an actual election. This is our situation this year for the 1st time since '10.

If your bylaws do NOT permit write ins or nominations from the floor, you probably can declare that person a director by acclamation at the annul meeting. TX posters may know something different.

I agree with this. We allow nominations from the floor but if the same amount of candidates, as positions the Election Commissioner (our MC and a volunteer owner overseer) announces they are on the BOD so no actual election.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our board members serve for three years. The terms are staggered. This helps with the experience of knowing what to do, while educating the new members.

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