Terms

Started by ArrianeS1 • 7 replies • 214 views

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ArrianeS1 (North Carolina)
Posts: 1

Posted:

I am in an HOA in NC. All terms are for 3 years in our community according to the bylaws. The current president’s term is up at the end of 2024. He recently posted in the minutes that his term was ending in 2026. This was questioned by the community of course. His response was that he shifted seats to another seat where someone had stepped down. I’m trying to find something that says you can’t do this. The majority of the community is counting down until his term is over. I think is obvious that is not good practice and questionable, but I’m trying to find something to support that you can’t extend your term by shifting seats. Any help?

DeanJ
Posts: 1,786

Posted:

Ask him to show you in the minutes where the board appointed and recorded appointment to open seat and left his seat open?

LoriM15 (Florida)
Posts: 1,009

Posted:

I'd ask him to show you in your bylaws or in the NC statute for HOAs where "shifting seats" is allowed. He would have had to resign and then be appointed in the open director's position. Clearly that didn't happen.

I wouldn't let this go. It seems clear this person is trying to get around having to go throught the election process.

PatJ1 (North Carolina)
Posts: 568

Posted:

Elections are for Board of Directors positions. The board then elects the director's to serve in the Pres., VP, Treas. etc.

Just because a director changes their role on the elected board, doesn't mean their term starts over.

His elected term is 3 years regardless of what position on the board he held.

Like Lori said, I wouldn't let this go.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By ArrianeS1 on 03/28/2024 7:00 AM
I am in an HOA in NC. All terms are for 3 years in our community according to the bylaws. The current president’s term is up at the end of 2024. He recently posted in the minutes that his term was ending in 2026. This was questioned by the community of course. His response was that he shifted seats to another seat where someone had stepped down.

Jesus, Joseph and Mary. This is another fine example of a director who 'goes through the looking glass' armed with legal jabberwocky. Since a prohibition of the jabberwocky does not expressly and obviously appear in the covenants, bylaws or state law, this Mad Hatter thinks he can create his own bylaw.

Wrong.

If the rest of the Board will not correct this, then your group will have to buckle down, quote the relevant law and bylaws and start sending what is known as 'demand letters' and/or ask the board to get the HOA attorney's opinion on this.

If you do the following, I will provide citations to the law and more:

Quote exactly, everything and anything that that your Bylaws say about terms.

Indicate whether this is a condominium or subdivision of single family homes.

State the year the declaration was recorded.

State what statutes, if any, are mentioned in the first few pages of the Declaration and Articles of Incorporation.

If you do these things, you will get excellent, free legal information here that would otherwise cost you on the order of $500 to $1000, minimum.

KerryL1 (California)
Posts: 14,550

Posted:

With others, do NOT let him get away with this. Do insist he show the citation from your Bylaws or NC nonprofit corporation codes that states this may happen.

He must have a really low opinion of owners to believe y'all would buy into this BS.

To add to Pat, check your bylaws to see how long terms are for "officers," i.e., President, VP, etc. Usually they're one year. But it doesn't really matter here because it's only directors, whom owners elect, who serve for 3 years.

A different mystery is why he "posted in the minutes...." No directors "posts" anything in the minutes. Minutes include motions, votes, etc, that occur during the board meeting. And they are approved by the Board. Did your HOA's board somehow (vote to) approve the minutes where he apparently wrote this.

Speaking of the Board: how many are on it? Do they just passively accept anything this lyin' prez says?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I am not sure what he did was wrong. Tricky, yes. That said, the BOD would have had to go along with it as they are the ones that appoint a member to fill a vacancy

KerryL1 (California)
Posts: 14,550

Posted:

So, JohnC, is this right: Meeting minutes would be required to show that Mr. Prez resigned from the Board.* Then, they'd show he was nominated to fill the (presumably newly) vacant director seat.. Then, the minutes would show the directors' vote. In SC, from what I understand, all of this would occur in an open meeting. The subsequent meeting. minutes would need to be available to all owners. That he (apparently) simply wrote in the minutes that his term now is til 2026 is not "tricky," which implies he follows legal procedures. If he did not, he's just a baldfaced crook.

So, Arriane, you just need to read how "vacancies" are required by to be filled in your Bylaws. If this so-called president and the Board did not follow the requirements in your Bylaws and probably in SC corps.code, i.e., the LAW, he may not continue to serve after his term ends in '24.

So.... how do y'all plan to stop him?

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