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MonicaE (Nevada)
Posts: 21
Posted:
We had our new elections in June 2007. I and another Board member were serving a two-year term and four other members were elected, two being
re-elected from the prior two year term.

I had held the office of President for three consecutive years and this year three of the newly elected members wanted to appoint their friend and resident the same night of the meeting. They motion to appoint this person and when the vote came down, it was a split vote three approving and three opposing. I called the motion denied due to the split vote. Two of the new members became hostile and causing a scene because I would not retract my vote to allow this person on the board, I called her out of order and since all the topics on the Agenda were covered,I asked for a motion to adjourn the meeting. A motion was made seconded all in favor were 3 and all opposed were three. (The three wanting the fourth person voted in, but he is a chronic complainer and hates pets and kids and I did not feel he would be a good contribution to the community). I adjourn the meeting in keeping with the proper procedures as the Presiding Officer and myself and three other board members left the meeting. The 3 newly appointed members decided to continue the meeting, with the manager present, and appointed the 7th member anyway and proceeded to elect the officers. Since then, I have made a complaint into the Ombudsman's office because there was not a quorum when they appointed the 7th member and conducted the elections, but the outcome of the investigation is not complete. In the meantime, our community is suffering from their lack of involvement in the community and changes they are making for the negative. There does not go a day that someone complains to me about the new Board, but being now just a director, there is not much I can do. The new Board does not even inform me if they are having a "workshop" nor do they allow me to get involved with the topics for the agenda, etc. In fact, they cancelled the last two meeting without me even knowing.

Can I re-call the election since I have all evidence that the meeting to appoint the 7th member and the election of officers was conducted without a quorum. Our Association Manager will not talk to me because his name is mentioned in my complaint to the Ombudsman's office and his license might be jeopardy. I just don't know how to go about doing a re-call of the election. Any advice would be very much appreciated.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
MonicaE: Lets first determine what type of election was held and was it held according to the docs. You state, ..."They motion to appoint this person and when the vote came down, it was a split vote three approving and three opposing."

Was this an election taken by votes of community members to fill an open seat on the Board? How many Board members are there? What are the terms of office?

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Monica,
When the election of the new member was recognized at the annual meeting; was this meeting adjourned and a new meeting of the Board held.

If not, nothing in the second meeting is valid unless it has been called by the president and opened and closed by that President. He presidents until the close of the meeting, then if a new president was elected legally by the Board members, a new President becomes president when the old one resigns, or at the close of the election meeting. If the President is still there and presiding I can't see how he cn be usurped without a legal vote.

I do feel you are careless in proclaiming some of a new board member faults, according to your convictions. Your convictions don't mean squat if he/she was elected by the membership.
MonicaE (Nevada)
Posts: 21
Posted:
Maybe I wasn't clear in my question.

The election was the annual election which consisted of 4 members on the ballot, two existing members with a two-year term and one that needed to be appointed to due a late resignation that was not in time the ballots went out.

So, there were four elected by the community members and one position still open to be appointed by the Board. Three of the newly elected members stayed to conduct their own appointment of the one seat open and proceeded to elect the officers. I, the president, the VP and the other newly appointed member had left after the meeting was adjourned due to the uncontrollable turmoil that was created.
There was not a quorum present.
MonicaE (Nevada)
Posts: 21
Posted:
First, Robert, thank you for taking the time to read my question and respond. Let me clarify the situation.

The annual meeting and the results of the membership votes took place in June. There were 2 members still serving a two-year term, 4 positions filled by the election and one position needed to be appointed by the Board due to a resignation.

At the July meeting, the topic to appoint the 7th member was on the agenda. The only person motioned for that seat is the one that was a split vote and I, being the presiding President, called the motion denied. After two of the members who wanted this person they moiton to appoint became totally irate and out of control and I said they were out of order, they continued to be disruptive and that is when I called for a motion to adjourn the meeting. The motion was made and was a split vote, but be the presiding President, the meeting was adjourned. The VP and one other Board member left then I followed leaving the three newly appointed members. They proceeded to appoint the 7th member (the one that was split and denied) then elect officers. Remember there is no quorum, there is no officer at the onset of their meeting just three new members conducting a meeting.

I hope that clarifies it and maybe you can give me your opinion again.
Thanks

RobertR1 (South Carolina)
Posts: 5,164
Posted:
My opinion remains the same.

You are the presiding chair, until you are legally replaced, which was not done, you rule.

I am not sure I can tell you how to react because I don't know your and the Boards members conviction about all this. This anti group acted without authority as I read it...........no question.
First go to legal aid and since you are still president approach them for help and a legal opinion.

If that don't work, your local state representative all the way up to the govewrnors office. I wouldn't guess a legal opinion on this from the state and you may have to go private and bill the Association. I take it you have the minutes of your meeting. I would get them typed up and the truth of what and how it all happened and explain you are taking appropriate action.

You need to make a public statement of what you believe to be proper at your scheduled meeting. Of course you know the Board Meetings have to be called meetings and notices given according to your documents.

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