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Started by NormaB3 • 11 replies • 267 views

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NormaB3 (Florida)
Posts: 45

Posted:

I am on the HOA BOD in a community in central Florida. Our VP quit leaving the position open for appointment by the remaining board members.
We received two letters asking to be appointed. One passed away suddenly. We are left with the other. There are some issues regarding the second person. He is disabled and has been outwardly rude and arrogant to his neighbors. He does not follow the rules and regulations. His property is an eyesore. Is the board obligated to appoint him just because he aked in writing. Also the position requires the VP to review the budget and report to the BOD and the membership. He has also stated he knows nothing about bookkeeping. Please, your thoughts.
Thank you

MarkM19 (Texas)
Posts: 1,459

Posted:

Norma,
The first thing I would do is fill the VP spot with one of the 4 current members. This would leave the open seat as a member at Large instead of a director. I would then send a communication to the community asking for additional candidates to fill this opening. You have no need to rush this process unless you have a totally divided board that will vote 2 to 2 on many issues. Once the responses come in pick the best candidate.

In our last Election a candidate that had never been to a meeting and who I had never heard or seen before was elected. This person is by far one of my favorite board members. He is always available and is extremely active since he arrived. You just never know what you don't know.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Read your governing docs.

The board may have an option not to fill if that is the boards desire.

KerryL1 (California)
Posts: 14,550

Posted:

The board will be appointing a director not an officer. So, I agree with mark, the board should appoint a new VP now.

Unless your Bylaws say so, you do not have to appoint a new director at this time. Who is you next annual mtg. & election? Do as Mark suggests and send out invitations to apply.

Our Board also one had only one app for a well-publicized vacancy and we did not want the person. Since it was 4-5 months till an election, we kept the opening vacant.

HenryS7 (Pennsylvania)
Posts: 6

Posted:

Our CCRs/bylaws say that the Board may appoint a director if one steps down. Thus, we also may not appoint a director as well.

Note that the word "may" was used rather than "shall".

MarkR21 (North Carolina)
Posts: 710

Posted:

Hold a special election

let the people decide

That’s the democratic way

BillD16 (Texas)
Posts: 971

Posted:

As Tim said, read your governing documents - but I believe it is common that appointed (versus actual elected) directors only serve until the next election.

Also, I agree that if your annual meeting is near, you may want to wait to fill the position then.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

MarkM19 (Texas)
Posts: 1,459

Posted:

MarkR 21,
Teh problem with doing it the Democratic way is it is not in the CC&Rs. At least none I have read anyway. They almost always say how to fill a vacancy. The other problem is elections cost money and take up to 3 months to get the ballots out and candidate stuff completed. With elections every year IMO it would make no sense to spend the money twice in a year. You probably would leave the board in a compromising situation if the losers called foul on the process. Trust me it can happen.

NormaB3 (Florida)
Posts: 45

Posted:

Thanks for your responses. I will look further into our documents. Ideally “may” versus “shall” may be an answer. If there any other opinions out there, i would appreciate hearing from you.

KerryL1 (California)
Posts: 14,550

Posted:

Also check, Norma, if the appointee would serve till the next election or till the end of the term of the one who resined

KerryL1 (California)
Posts: 14,550

Posted:

Our Bylaws, too, allow Owners to fill a vacancy if the Board doesn't: "Furthermore, the members may elect a Director or Directors at any time to fill any vacancy or vacancies not filled by the Directors."

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