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DavidP29 (California)
Posts: 100
Posted:
Hi, wondering if anyone has suggestion on how we would structure a meeting with new business and election results in the save meeting?

Next Thursday we have the results of the ejection. 4 of 5 current board members are running. Along with 1 more person. Basically 5 ppl running for 5 spots.

The thing is we are in the middle of closing a bank loan for a special assessment.

The bank requires we approve the loan proposal in a meeting and is documented in minutes.

Does the new board member become effective immediately? Then we talk about new business.
AugustinD
Posts: 1,027
Posted:
Normally election results are announced at some point during the annual meeting of the owners. This is not the same as a board meeting. Do you understand the difference between a meeting of the owners and a board meeting?

To get meaningful responses to your query, I think you are going to have to explain when this election occurred and more.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By DavidP29 on 10/22/2022 6:02 AM
Hi, wondering if anyone has suggestion on how we would structure a meeting with new business and election results in the save meeting?

Next Thursday we have the results of the ejection. 4 of 5 current board members are running. Along with 1 more person. Basically 5 ppl running for 5 spots.

The thing is we are in the middle of closing a bank loan for a special assessment.

The bank requires we approve the loan proposal in a meeting and is documented in minutes.

Does the new board member become effective immediately? Then we talk about new business.

Why doesn't the current Board approve the loan?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Without looking at your governing docs, the new board typically takes over once the election results are known.

As with most Associations - I expect that the Officers were appointed from amongst the Directors.

For us, at the next board meeting, both the old board and the new board attended.
The old board were filling their officer duties (as they had not been replaced by the new board yet).
The new board made any decisions (as they were the duly elected Directors).
New Officers were elected at the end of the meeting by the new board.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Wanted to add that Officers and Directors are two different positions.
Often the Officers are appointed from amongst the Directors.
When this occurs, that individual has two jobs -
Job 1 - Director - make the decisions for the Association by majority vote at a board meeting.
Job 2 - Officer - perform the day to day duties of running the association and implement the decisions of the board.

An election replacing directors only removed Job 1 from that individual.
Until the new board appoints someone to an Officer position, that individual still has the duties and authority of Job2.
KerryL1 (California)
Posts: 14,550
Posted:
You need two separate meetings, DavidP. The first would be the Members ( Owners) Annual meeting & Election. Your directors are elected.

Immediately adjourn to the Organizational Meeting of the Board. Call this open board meeting to order. On its agenda, the Board appoints officers. Also on its agenda might be things like setting the date of the board's regular meeting --say the last Tuesday of every month. Do remember to post a notice of this meeting and agenda 4 days before the meeting.

Also on this agenda, place approving the loan. Someone, of course, takes minutes.

I'm wondering about why your assn. is electing 5 directors. Do directors serve only one year? If not, say your bylaws state 2-year terms, many bylaws say you must have staggered terms, i.e., on year the assn would elect 2 directors, and th next year, the assn members would elect 3 directors.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
David

I am confused. Typically BOD Members are elected at the Annual Meeting. If so, at the end of the Annual Meeting, a BOD Meeting can be held. I know there may have to be notification but that can all be done in the Annual Meeting notice.

At this BOD Meeting, the BOD will elect its own Officers then they can conduct business.

Also, in some cases if only 5 are running for 5 open spots, there does not even need to be an election.
MaxB4
Posts: 3,513
Posted:
A bank loan can be approved, via a secret ballot, at a members meeting, annual or special, or at a board meeting. Either way, proper notification must be made, either 10 days for a member meeting o 4 days for a board meeting.
CathyA3 (Ohio)
Posts: 6,299
Posted:
We hold a short board immediately after the annual meeting, but usually the only business conducted is naming the officers, getting their contact info, and anything urgent that can't wait until the next scheduled board meeting.

You don't want newly-elected directors voting on business that they haven't had a chance to get up to speed on.
KerryL1 (California)
Posts: 14,550
Posted:
To be clear, David, you wrote: "The bank requires we approve the loan proposal in a meeting and is documented in minutes." Does "we" mean the Board or does it mean the owners?

If it means the Board, it must be approved at a meeting of the Board. I can see Cathy's point, but in this case 4 of the 5 directors will be reelected so presumably are familiar with this loan. Our Org. Meetings generally only are about officers & the new Board, but, as a board meeting, there certainly can be other topics if 4 days' notice given & the topic is on that posted agenda.
MaxB4
Posts: 3,513
Posted:
How is the bank loan being repaid?
DavidP29 (California)
Posts: 100
Posted:
Bank requires that loan commitment letter, approval of special assessment, and budget.

The special assessment was approved back in May. We sent ballots and got the necessary votes to pass. The budget will be approved in this meeting.

This is our budget and president report is given and approved.

The bank is asking for budget to be approved because they are requiring our dues to be $410 a month per unit. In looking at our finances over the last year for the loan this is what they determine our dues need to be.

The were $340 and we actual just raised them to $410 as of Oct 1. So this requirement is met.

Our directors are elected every year. All directors are up for election at the same time.
DavidP29 (California)
Posts: 100
Posted:
A $120.00 monthly assessment for the next 15 years. Or owners can pay their share upfront of $12,500.
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying the '232 budget will be approved by the Board at the annual meeting of the members???: "The budget will be approved in this meeting."
DavidP29 (California)
Posts: 100
Posted:
Quote:
Posted By KerryL1 on 10/22/2022 7:35 PM
Are you saying the '232 budget will be approved by the Board at the annual meeting of the members???: "The budget will be approved in this meeting."

Sorry no. I misspoke. The budget, president report, and treasurer report was presented and approved in our late August meeting.

We just need to go over the bank approval letter with owners and have the board approve it. Document it in the meetings notes.

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