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DanielT4 (Florida)
Posts: 5
Posted:
In this situation the HOA board members were recalled and new directors were appointed by the recall, what is the procedure if one of the newly appointed directors resigns. Can the remaining board members appoint a replacement?
BillH10 (Texas)
Posts: 1,217
Posted:
What do your documents say about replacing a Director who resigns for whatever reason? That will be your guidance.
KerryL1 (California)
Posts: 14,550
Posted:
Say, Daniel, are you a new director?? If so, congrats. Some day, perhaps you'll share with us how Owners in your HOA launched a successful recall. Did an attorney assist in any way, for instance? And more.

Your questions are good ones. yes your HOA have a community manager who can help? What size is your HOA? How many directors should be on your Board?

With no experience in recalls, do you new directors save until the end of the voted-out directors' terms?

As BillH suggests, read your Bylaws to see what to do if a director resigns or whenever there is a vacancy on the Board for any reason. Usually the remaining directors appoint a new director. Since your new Board, one hopes, wants to be open and transparent, at a board meeting, the Board decides how they want to proceed. In the opinion of many who like openness, you'd "advertise" for a new director via e-blasts' and public notices stating how long the term would last, what to submit if interested (our HOA has a candidates statement form), and a deadline for applying. The deadline might be several days before your next board meeting so that all directors have a chance to read the applications.
MaxB4
Posts: 3,513
Posted:
How many directors should you have, do you have a manager, do you have a lawyer, how many cars are in the community, do you have one-car or two-car garages, and how many cars have to be in the garage before they can park in the driveway or street, how many grandkids do you have? These questions and many more should be in our posting rules and answered before you post.

Daniel, members should be the only ones that can vote to remove a director and members should be the only ones electing, not appointing directors after a recall. I know some here believe the sitting board can remove a director if they disagree with a policy that was maybe voted on. That is completely wrong, IMO. If a director does resign, your Bylaws may say how to replace the resigning director, if silent, then the remaining board members then can APPOINT.
DanielT4 (Florida)
Posts: 5
Posted:
101 lots. We have an HOA mgmt company
But they were not involved in recall. We didnt use an attorney
We followed State DPNR guidelines

Our governing documents are over 15 years old
DanielT4 (Florida)
Posts: 5
Posted:
101 lots. We have an HOA mgmt company
But they were not involved in recall. We didnt use an attorney
We followed State DPNR guidelines

Our governing documents are over 15 years old
KerryL1 (California)
Posts: 14,550
Posted:
It doesn't matter how old your bylaws are, Daniel, they should give you answers and they apply UNLESS your state statutes override them. Have you rad your Bylaws?
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, about my type; have your "read" your Bylaws, Daniel? Your property manager should be able to help even though not involved with the recall.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, about my typo; have your "read" your Bylaws, Daniel? Your property manager should be able to help even though not involved with the recall.

Wait a minutΔ™, Daniel. Your original post above state that directors were "appointed." Do you really mean "elected" by the Owners? Or do you mean appointed by someone or some group. If appointed, who appointed them?

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