Basic Election Procedure - Terms

This is our bylaw section that deals with terms of office and apparently there is some confusion. This has already been settled once by the HOA Attorney, but now a new Attorney has a different opinion.

When I read the section, to me, it seems quite clear. But, what do YOU think

Scenario: Our HOA has not had an election where we met a quorum since July 2020. How many director positions do you think there should be in July of 2023? We have a (5) member board of directors

This used to be one big 'wall of text' and I broke it down into individual sentences to make it easier to read
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Basic Election Procedure:

- At the first annual meeting of the Members, and thereafter at each annual meeting of the Members coinciding with the expiration of a Director's term of office or at which a vacancy on the Board exists, the Members shall elect new Directors by secret written ballot as provided in these Bylaws.

- All positions on the Board shall be filled at the first annual meeting.

- If an annual meeting is not held, or the Board is not elected thereat, the Board may be elected at any special meeting of the Members held for that purpose.

- Each Director shall hold office until his successor has been elected or until his death, resignation, removal or judicial adjudication of mental incompetence.

- The term of office of the three (3) Directors receiving the highest number of votes at the first annual meeting shall be three (3) years and the term of office of the two (2) Directors receiving the next highest number of votes at the first annual meeting shall be two (2) years.

- At each annual meeting thereafter, new Directors shall be elected to fill vacancies created by the death, resignation, removal, judicial adjudication of mental incompetence or expiration of the terms of past Directors.

- The term of office of each Director elected to fill a vacancy created by the expiration of the term of office of the respective past Director shall be two (2) years.

- The term of office of each Director elected or appointed to fill a vacancy created by the resignation, death or removal of his
predecessor shall be the balance of the unserved term of his predecessor.

- Any person serving as a Director may be reelected, and there is no limit on the number of terms which he may serve.

OK - that is what happened in 2020 when their were (5) open positions, (5) new directors got elected (they were all write in candidates)

But how many positions are open this year? Last actual election was in july 2020 (that has now become another point of contention)

No quorum, no election.

The term of office is 2 years. No election for 3 years equals 5 seats open.

Thanks Terry, that is how I and the other attorney looked at it. Trying to avoid court or more fees

James, James. You're trying to postpone the inevitable with these old questions and new gossip. You gotta ACT!

I have always thought that the only Election that has 5 seats open is the first owner board of a new HOA. After this election 2 people are set for a 3-year term and 3 are set for 2-year terms. Then every year either 3 or 2 seats are up for grabs.

Our board had 5 seats open in the recent election because our board never followed the rules, never had ballots, basically made up their own procedures - or lack thereof - to stay in power.