Quote:
Posted By KerryL1 on 08/29/2022 2:21 PM
Ok, I'll bite, JohnC73: Why does it matter to you that the articles rank above the bylaws?
Educational reasons mostly, but there is something in the Articles of Agreement regarding Board Elections and this is going to be part of my discussion with the attorney tomorrow.
I don't want to turn this into my other thread, but I believe the articles of agreement paired with our by-laws state that the "staggering of BOD seats/elections" was only allowed once. After the option was used all Board terms are for 3-years. I believe it even says this in by-law 3-100.
Of course the agenda for the annual meeting came out today and went against this.
β’ Articles of Agreement 5-300.
5-300. The Association shall have the option to elect the
βfirstβ Board of
Directors on the basis of staggered terms so that one Director might be elected for a
term of 1 year, one director might be elected for a term of 2 years, and so forth
β’ Bylaws
ARTICLE 3. BOARD OF DIRECTORS
3-100. Number. The Board of Directors shall consist of a minimum of three (3)
and a maximum of five (5) persons to serve for a term of three (3) years or until their
successors are duly elected as provided herein. The election of Directors shall be as
follows: in 2006, three (3) Directors shall be elected. The candidate who receives the
most votes will serve for three (3) years. The candidates receiving the second and third
most votes will serve for two (2) years. In 2007, two (2) Directors shall be elected for a
term of three (3) years to fill the expiring terms of two (2) Directors. In 2008, two (2)
Directors shall be elected for a term of three (3) years to fill expiring terms. In 2009,
one (1) Director shall be elected for a term of three (3) years. Thereafter, Directors
will be elected for a term of three (3) years in a sequence of two (2), two (2), and one
(1) as their terms expire. Directors shall be elected at the Annual Meeting of the
members by majority vote of the members entitled to vote at the meeting.
3-300. Terms of Office. The Directors may be elected for staggered terms as
provided in Article 5-300 of the Articles of Agreement of the Association
Thanks
John