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Adding Members to the HOA Board

Started by AlexL1 • 17 replies • 1890 views

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AlexL1 (Florida)
Posts: 305
Posted:
If, for example, we now have 5 members on the Board and it is desired to have seven instead of 5. What is the correct procedure for adding two extra... Can the Board(existing board of 5) just appoint two extra or does it have to go out to ALL the owners to vote on?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Depends on WHERE it is stated that there are 5 members.

If it's in your Articles, the voting threshhold may be higher than if this is stated in the bylaws. And of course, procedures for amending the articles or the bylaws would have to be followed.

AlexL1 (Florida)
Posts: 305
Posted:
We can have any number up to nine but the number must be ODD
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, apparently you can have UP TO nine. So at the next election, you can open the nominations to fill an odd number of positions, up to nine. If less than that want the position, then you may get 5 or 7.

I am assuming that your documents say the board consists of "odd number of board members, not less than 5 but no more than 9) and that the Members vote in the Board.

GordonD1 (California)
Posts: 131
Posted:
Alex:

If the board wants to add more members they have to open the position to election.

The only time the board can fill in a position is when they lose a member or two. If you board never had 6,7,8 or 9 board members before
the members of the community have to vote.

DanaB1 (Connecticut)
Posts: 319
Posted:
Alex,

To answer your question, I believe you can appoint two people to be on the board. You can also mention in your minutes that you have 4 positions open.

How many units do you have because a board of 9 or even 7 can make meetings drag on by time everyone throws in their two cents. I like boards of 5. The other problem with big boards is trying to get everyone's schedules to jibe. groan.........

Dana
GordonD1 (California)
Posts: 131
Posted:
Alex:

The right thing to do is two have the open board positions run for election.

You never had the 7 or 9 members on the board.

The community will appreciate the election.

DanaB1 (Connecticut)
Posts: 319
Posted:
Alex,

When is your next annual meeting?

Are all owners aware that 4 positions are open?

Do you always have trouble filling positions?

If your annual meeting is months off and you have at least 2 warm bodies willing to participate now(especially if them would be an added value) than I don't see an issue. "Depending on your documents" the board has the power to elect board members.

Why go thru all the trouble of having an owners meeting unless one is right around the corner. Doesn't the board have more important things to do than go thru all that? ,:>

Dana
SusanW1 (Michigan)
Posts: 5,202
Posted:
Alex has not told us HOW the board got to the 5. Was it orginally 7 or 9 and there are vacancies - or - were just 5 elected from the beginning. It makes a difference if there are vacancies or if the board just wants to increase its own size.

Appoint if there are vacancies
Wait for elections if these are open slots.
DanaB1 (Connecticut)
Posts: 319
Posted:
Alex,

You have 5 but it is desired to have 7 but your rules state up to 9.

What will you get from 7 that you don't get from 5?

Fess up now, is there a majority in the 5 that keep voting against the remaining 2 of which you are 1? Now with 2 more added you will be the majority?

Or am I, in typical "skeptical" owner fashion, reading a diabolical plot into this that doesn't exist? Owners don't do that do they? LOL

Dana

For the record, I am a board member.
GordonD1 (California)
Posts: 131
Posted:
Alex:

If the board does not have at the present time people that want to serve. The board should let the community homeowners know about this two open
positions. The board would be able to get volunteers fill the positions. Or these two positions should be put for election.

Alex are you a board member?

Dona: I thought that you were a board member.
DanaB1 (Connecticut)
Posts: 319
Posted:
Gordon,

I'm not only a member, I'm the President. (Just like the Hair Club for Men ad. )

Gordon, is California like Florida as far as being ahead of all other states concerning legislation in the operation of HOA's? Florida definitely has many laws on the books concerning hoa goings on and how boards can run them.

Dana
GordonD1 (California)
Posts: 131
Posted:
Dona:

California is like Florida in many ways.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dana,
Yes, California has the Davis/Sterling Act which is for among other things, HOAs. One slow day, I looked it up and it is pretty full of HOA situations and guidelines and laws. being the Florida person, there are many similarities that I found between them. I would bet that Arizona and several others are now at least as comparable in their laws.
I have posted a few times that there should be a national standard on some of the laws but with NO FEDERAL LAWS because we all know how that can get screwed up. But basic things like elections and Board requirements. There could be many items that can be added to this list.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Donna,

There is a national standard, it's called the UCIOA - the Uniform Common Interest Ownership Act. A number of states have adopted this act but it really hasn't taken off as the proponents had hoped. It was originally written in 1982 by the National Conference of Commissioners on Uniform State Laws as a comprehensive act to govern the formation, management, and termination of a common interest community -- both condos and planned communities.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Alex,

Unless your bylaws say differently, IMO, the board alone can make the decision to raise the number of board members. At the next annual election just add two more positions to the slate. Let the members know the board is being increased to 7 members. IMO, this is a decision best left to the board as they should know how many members it takes to adequately govern the assn. The same situation arose at my former assn, except that we were forced to reduce the number of board members because of lack of interest in serving. Our bylaws stated ". . .not less than 3 nor more than 5. . .shall always be an odd number. . ." As long as you have enough members interested to serve on the board and the board feels 7 is not too many, I say go for it!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Alex,

Unless your bylaws say differently, IMO, the board alone can make the decision to raise the number of board members. At the next annual election just add two more positions to the slate. Let the members know the board is being increased to 7 members. IMO, this is a decision best left to the board as they should know how many members it takes to adequately govern the assn. The same situation arose at my former assn, except that we were forced to reduce the number of board members because of lack of interest in serving. Our bylaws stated ". . .not less than 3 nor more than 5. . .shall always be an odd number. . ." As long as you have enough members interested to serve on the board and the board feels 7 is not too many, I say go for it!
GordonD1 (California)
Posts: 131
Posted:
Alex:

Because you never had 7 board members the ethical thing to do is to ask the whole community for volunteers or properly put the two positions for election when
the time comes.

Doing what is right it will always earn you the respect of your community.

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