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Director Resignation

Started by SusanW17 • 3 replies • 181 views

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SusanW17 (Arizona)
Posts: 4
Posted:
If an entire board resigns effective immediately and we are calling a special meeting to vote in a new board for the rest of the year, are the resigning board members allowed to put their names on the ballot in Arizona? We do not have a provision for this situation in our Bylaws or any other governing documents. This is a 24 unit HOA in Sun City, AZ.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By SusanW17 on 07/20/2023 10:58 AM
If an entire board resigns effective immediately and we are calling a special meeting to vote in a new board for the rest of the year, are the resigning board members allowed to put their names on the ballot in Arizona?
Assuming they meet all the qualifications requirements in the bylaws and state law, and just like other candidates, then yes, absolutely.

People not liking it should campaign.

Campaigning positively is best. E.g. state, "If all the other directors resign, then I will never quit the board, as it could risk putting the HOA into receivership and is a violation of my fiduciary duty."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ElleN on 07/20/2023 11:21 AM
Posted By SusanW17 on 07/20/2023 10:58 AM
If an entire board resigns effective immediately and we are calling a special meeting to vote in a new board for the rest of the year, are the resigning board members allowed to put their names on the ballot in Arizona?
Assuming they meet all the qualifications requirements in the bylaws and state law, and just like other candidates, then yes, absolutely.

People not liking it should campaign.

Campaigning positively is best. E.g. state, "If all the other directors resign, then I will never quit the board, as it could risk putting the HOA into receivership and is a violation of my fiduciary duty."

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, every qualified owner may seek a position on the Board. Your Bylaws state the qualifications so they probably are very clear.

Are you sure the vacant positions all expire at the end of the year? That would be unusual. What do the Bylaws say about the term lengths for directors?

Also: Some bylaws say if vacancies occur, the replacement serves until the next election. Some Bylaws say they serve until the end of the term that they are filling. what do yours say???

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