HOA Board Election

DanielL3 (Louisiana)
Posts: 65

Posted:

Need opinions.

Our HOA Board consist of 7 members. Two board members recently resigned after serving one year of a two year term. The board appointed two residents to fill the vacancies. This August is our ANNUAL MEETING. An election will take place to fill five positions….3 members up for re-election and the two
appointees. The Board decided to have the ballots designed whereby the candidates have to select what they are running for, a two year term or one year term. The residents will vote for 3 candidates to fill the two year term and also vote for two candidates to fill the one year term.
I believe this is problematic. The bylaws are silent as to this procedure, but do specify candidates are seeking a board position and not a “term”.

Any thoughts on this subject??

SheliaH (Indiana)
Posts: 6,964

Posted:

You need to follow your documents, so yes, this is problematic (but you already knew that). First, regarding the two that resigned - were their terms up this year anyway? If so, the appointees were serving out those terms and If elected in august, their two years starts at that point.

With 7 people on the board, you typically have two or three up for reelection one year and The rest the next year. This way you have a mix of new and experienced people at all times

At least until The board tries stuff like this - then people get mad and call for recall, as they should. Remind the board they can't change the term lengths on its own - that require amending the documents which require homeowner approval.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ThadC2 (Florida)
Posts: 820

Posted:

they are most likely right and you are most likely wrong. Most bylaws state appointed people serve out the REMAINDER of the terms. Therefore the board is correct to have those positions only be 1 year terms.

Many HOA's just ignore this and illegally have newly appointed people serve a full term.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By DanielL3 on 06/13/2022 3:59 AM
Need opinions.

Our HOA Board consist of 7 members. Two board members recently resigned after serving one year of a two year term. The board appointed two residents to fill the vacancies. This August is our ANNUAL MEETING. An election will take place to fill five positions….3 members up for re-election and the two
appointees. The Board decided to have the ballots designed whereby the candidates have to select what they are running for, a two year term or one year term. The residents will vote for 3 candidates to fill the two year term and also vote for two candidates to fill the one year term.
I believe this is problematic. The bylaws are silent as to this procedure, but do specify candidates are seeking a board position and not a “term”.

Any thoughts on this subject??

A question regarding the two appointees. When would the terms have expired if the two had not resigned?

LoriM15 (Florida)
Posts: 1,009

Posted:

I don't understand either. Nobody should have a one-year term. Here's the way our community does it:

Bob is elected for a two-year term. He resigns after one year. Suzy is appointed by the board to fill Bob's term, so she acts as a director for the remaining year. At the annual meeting, her seat is up for grabs. She can run for re-election, but all the candidates are eligible to run for her seat too and it's a full two year term. But Jim is elected for a two year term. He resigns after six months. Dave is appointed for the remainder of Jim's term which is 1.5 years. Dave does not have to run for re-election and his seat us not available until the full term has run out.

Appointees to the board fill the original director's term - not just until the next annual meeting. We have staggered terms, so two directors are up for re-election one year and three the next - all two-year terms.

Unless your docs say otherwise, I think someone is misunderstanding how it works.

MichaelT21 (Arkansas)
Posts: 501

Posted:

All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

ThadC2 (Florida)
Posts: 820

Posted:

Quote:

Posted By MichaelT21 on 06/13/2022 7:59 AM
All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

that's what I originally thought then I read the bylaws and they state 3 year terms off set by one year, so that means one board member is elected every year.

if your board has lost track. just have them pick numbers out of a hat and start afreash and then post an election schedule on your website or rules and regulations so everyone from now on is on same schedule.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MichaelT21 on 06/13/2022 7:59 AM
All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

Unbelievable!

MaxB4
Posts: 3,513

Posted:

The process has to be based on first, state statues and second, your own documents. The Secretary of the Association is the individual in charge of keeping track of director terms.

SheliaH (Indiana)
Posts: 6,964

Posted:

At one point, our community also had an issue as to when who was up for re-election because we had several people join, resign, and then one or two were re-appointed to the board (because no one else volunteered). It ended with the secretary and moi going through the board meeting minutes for the previous 3-5 years to chart out exactly when people joined and left the board.

In the end, I think we wound up with four people (out of a five-person board) up for re-election. As usual, no one ran against them, and so everyone kept their seats. After that, we noted in the minutes when each member's term started and finished for future reference. Near the end of the year, we'd ask those people whether they planned to run again so we knew what to tell people when the annual meeting notices were sent. Today, we're down to three members and didn't have a quorum for the annual meeting, so at this point, those folks may stay on the board for as long as they can stand it (I served with all of them and everyone had left at least once when I was on the 7 member board. They're a good group and if I ever find more time, I may volunteer to return because frankly, there's only one person I can think of who would be a decent board member. Everyone else in this community? Mostly nice people, but the majority don't bother to even return a proxy to make quorum for the annual meeting!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ThadC2 (Florida)
Posts: 820

Posted:

Quote:

Posted By MaxB4 on 06/13/2022 8:27 AM
The process has to be based on first, state statues and second, your own documents. The Secretary of the Association is the individual in charge of keeping track of director terms.

and when that one person leaves the board, no one else knows that's why it needs to be posted on website, newsletter, R&R's etc.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our Bylaws are specific in that anybody appointed by the BOD to a vacancy on the BOD, serves out the remaining term of the person they replaced. I know some Bylaws say only to the next BOD election.

MaxB4
Posts: 3,513

Posted:

If you can't keep track of terms, not sure I would trust them with the checkbook.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MichaelT21 on 06/13/2022 7:59 AM
All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

You have that nicely organized folder and yet you didn't make move for something to track board terms, amazing.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the board, Daniel?

You wrote that the 2 who were appointed replaced 2 who finished one year of a two-year term. So that 5 seats are available already is correct per your Bylaws (unless they say otherwise, i.e., "until the next election").

Most important is whether your Bylaws call for "staggered" terms. This means on a board of 7, 3 are elected one year & 4 the next.

We've been in this situation and our attorney advised that the ballot and election instructions say that the 4 top vote getters would serve for two years and the next top vote getter would serve for one year. IMO, having candidates choose which they'd prefer is kinda messy, but IF your Bylaws call for staggered terms, probably legal. The board should check with the HIA attorney.

Our new restated Bylaws make this clearer: Four directors will be elected in even-numbered years and three in odd-numbered years.

BarbaraT1 (Texas)
Posts: 821

Posted:

Quote:

Posted By DanielL3 on 06/13/2022 3:59 AM
Need opinions.

Our HOA Board consist of 7 members. Two board members recently resigned after serving one year of a two year term. The board appointed two residents to fill the vacancies. This August is our ANNUAL MEETING. An election will take place to fill five positions….3 members up for re-election and the two
appointees. The Board decided to have the ballots designed whereby the candidates have to select what they are running for, a two year term or one year term. The residents will vote for 3 candidates to fill the two year term and also vote for two candidates to fill the one year term.
I believe this is problematic. The bylaws are silent as to this procedure, but do specify candidates are seeking a board position and not a “term”.

Any thoughts on this subject??

My thoughts are that this is not worth taking up pitchforks and torches.

Normally, a board member appointed to replace a resigning member would complete the resigning members term. Maybe your two appointed board members don't want to continue serving and since you already have an election coming up anyway, the rest of the board decided to just put those seats up too. You'd have to ask them why they are doing it this way.

What is problematic? It may be unorthodox but I don't see what damage it is doing to the very fabric of society.

MichaelT21 (Arkansas)
Posts: 501

Posted:

Quote:

Posted By MaxB4 on 06/13/2022 9:27 AM

Posted By MichaelT21 on 06/13/2022 7:59 AM
All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

You have that nicely organized folder and yet you didn't make move for something to track board terms, amazing.

The idea with staggered terms is so 100% of the board doesn't change over any given time. That is never a problem for us because a good percentage of the board members resign mid-term and we seem to have a constant flow of directors coming and going.

The way to be organized is to have Position A, B, C, D, and E, and then assign each person to the particular position, and then keep track of when that person resigned and when the new person filled the place, etc, etc, etc. I suppose I could create a little excel spreadsheet in one of my neat folders, but then if I resign, what then? who knows.

It's too much bother for me to worry about it. As long as we have 2 or 3 positions up on the ballot for election each year we are following the intent of the CC&Rs.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MichaelT21 on 06/13/2022 10:17 AM

Posted By MaxB4 on 06/13/2022 9:27 AM

Posted By MichaelT21 on 06/13/2022 7:59 AM
All I know is our HOA is more organized than most and we don't keep track of when each board position term ends. I tried to and gave up. I am not sure how we'll handle it at our next election. It's too confusing when 2 board positions are up in 2023 and 3 board positions are up in 2024....

You have that nicely organized folder and yet you didn't make move for something to track board terms, amazing.

we are following the intent of the CC&Rs.

That is hilarious!

MaxB4
Posts: 3,513

Posted:

Michael

Elections are covered in your Bylaws, not your CCRs.

KerryL1 (California)
Posts: 14,550

Posted:

It's OK, Daniel. MichaelT is often under attack by Max. I actually though Michael was adult enuff to ignore Max's childish snark.

You'll get helpful thoughtful advice about your topic from posters who know how to stay on topic, like Barbara.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Daniel

If your Bylaws do not call for staggered terms implementing such would be a good idea. If no ankle biters then the BOD should be able to do it with a Rule, especially as the election is open to any homeowner to run.

The way you propose is fine. Another way to do it is have the 3 or 4 with the highest vote counts serve 2 years terms and the 2 or 3 with lowest vote count serve a one year term.

KerryL1 (California)
Posts: 14,550

Posted:

I often agree with JohnC, but....if Arthur's Bylaws do not call for staggered terms or have wording to that effect, the Board should seek their HOA attorney's advice. A board cannot simply add a rule that's clearly an amendment to the Bylaws unless the Bylaws give the board that authority.

Say, Arthur, we sometimes see that board may amend their bylaws without Owers' votes. How may your Bylaws be amended?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 06/13/2022 11:33 AM
I often agree with JohnC, but....if Arthur's Bylaws do not call for staggered terms or have wording to that effect, the Board should seek their HOA attorney's advice. A board cannot simply add a rule that's clearly an amendment to the Bylaws unless the Bylaws give the board that authority.

Say, Arthur, we sometimes see that board may amend their bylaws without Owers' votes. How may your Bylaws be amended?

Who is Arthur?

ThadC2 (Florida)
Posts: 820

Posted:

Quote:

Posted By MaxB4 on 06/13/2022 11:34 AM

Posted By KerryL1 on 06/13/2022 11:33 AM
I often agree with JohnC, but....if Arthur's Bylaws do not call for staggered terms or have wording to that effect, the Board should seek their HOA attorney's advice. A board cannot simply add a rule that's clearly an amendment to the Bylaws unless the Bylaws give the board that authority.

Say, Arthur, we sometimes see that board may amend their bylaws without Owers' votes. How may your Bylaws be amended?

Who is Arthur?

KerryL1 (California)
Posts: 14,550

Posted:

I'm Sorry, Daniel, "Arthur" is just one of my frequent typos.