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JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our BOD of 5 is setup for staggered two year terms thus 2 come up for election one year and 3 the next year and so on.

Well as we did not have a BOD Meeting last year, all 5 positions came up for election this year. We had 3 incumbents (myself included) running but no others were nominated. We asked if any owner wanted on the BOD. Well we managed to get 2 to volunteer and as we had 5 for 5 spots we did not need to have an election.

We want to get back to staggered terms (2/3) so I am asking for suggestions how the BOD can do such?

I have an idea but for now I will keep it to myself.
AugustinD
Posts: 3,698
Posted:
This forum has discussed how the pandemic has produced situations that force HOAs/COAs to violate their governing documents, in the name of public safety. Boards are doing the best they can to get back on track.

Staggered terms have difficulties but IMO are still preferable. The OP's COA's governing documents provide for staggered terms.

I suggest exercising one of two options:

1.
Next year all directors run again, but with two seats for two year terms and three seats for one year terms. If this option is chosen, owners and candidates will need more direction than usual.

2.
Ask directors if anyone would like to serve only one year. If two (or three) volunteers to make their seats open for election next year, then open two (or three) seats for election next year.

I would urge the board not to sweat this. Do what it takes that seems reasonably fair.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I have just found out one of the volunteers is regretting their decision and will agree to serve a one year term so we can work this out.
MaxB4
Posts: 3,513
Posted:
Find out how many were set to be elected LAST year. Put five pieces of paper in a bowl with the numbers one and two. The number due for election last LAST year get a one year terms and the ones due this year two year terms.

Problem solved.
KerryL1 (California)
Posts: 14,550
Posted:
Noticed, you wrote your board is "set up" for staggered terms so assume your Bylaws state that terms shall be staggered or some such. If so, at the meeting, the 2 who finally volunteers should have been appointed for a one-year term.

Sooooo....if their appointment was simply announced that they are nearby appointed to the board without the board specifying a term length, I think one year could be specified at your next board meeting.

IF at the annual meeting, the term of the two was specified as two years, then Augustin's #2 looks reasonable. Or at the next board meeting, the presider could simply announce that the Bylaws must be followed so the two will serve one-year terms.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Phone calls flying fast and furious today. 4 of we BOD Members (including one volunteer) believe the two volunteers should serve one year terms and the 3 that run (myself included) will serve 2 year terms. We have not talked to the 2nd volunteer but if 4 of us are in agreement, the point is moot.

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