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MikeL7 (Texas)
Posts: 13
Posted:
My HOA is required by ByLaws to elect 2 directors in even years (one for each of two communites)and 2 directors in odd years (one from each of two communities) and one at-large director in odd years but elected 4 directors in in an even year (this year)so that the odd/even year schedule was not maintained, the By-laws have been violated, but what should be done about it? And how long do we have to correct the error?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mike,
You could just give the 2 with the least amount of votes, just 1 year terms to get back on the even and odd year elections of 2 members. Then this next year, you would elect 2 new members. How did this happen to begin with?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Yes, adjust the term length.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Mike,

I can think of 2 good reasons:

1) the board decided to increase the number of board members -- some bylaws do allow for this, or

2) there were some resignations that caused more openings on the board

But, I do agree with Donna's suggestions for remedying the situation.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Mike doesn't say, but the ballot was flawed, for sure. It should have clearly stated the term length for each position being filled. Here's another reason why a nomination committee and/or an election Teller is needed, even for small groups.
MikeL7 (Texas)
Posts: 13
Posted:
Board was misled and incorrectly conducted 2 more elections than it should have because of increasing the Board from 3 to 5. Nominating committee failed to catch error. I suppose we could adjust the terms, but we could also have do-over in 60 days in the correct year. In any event, we inadvertently violated the By-laws. Sounds like I don't have to worry about that, if the terms are adjusted. Do I have that right?
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'd opt for the do-over in 60 days.
By the time you did your Special Meeting notice and went thry the whole process, it would probably take up that time anyway.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Mike,

Please explain your statement: "Board was misled and incorrectly conducted 2 more elections than it should have because of increasing the Board from 3 to 5." If the board was increased wouldn't that account for the 2 extra positions that were voted on????
MikeL7 (Texas)
Posts: 13
Posted:
MaryA1
The Board didn't excercise due diligent and deferred to a former board member's interpertation of the bylaws. The board was increased, but requirement was for staggered (odd/even) elections. We elected two in March 08, so we needed to wait 60 days until 2009
MaryA1 (Arizona)
Posts: 7,043
Posted:
Mike,

When the board was increased, those 2 directors could have been elected to serve for 2 yrs and the terms would still be staggered. As long as all the board members' terms do not expire in the same year, the terms are being staggered. The board secretary should keep track of when each board member's term expires to insure that the correct number of vacancies are being scheduled for election each year.
MikeL7 (Texas)
Posts: 13
Posted:
The Bylaw ammendment increasing the board from 3 to 5 was flawed, but no one, including the Assn attorney realized that until recently. The secretary and the nominating committee and the Board dropped the ball on this and the attorney is now sorting it all out.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Mike!

While this all is a mistake that can be remedied, it is not an emergency or castastropic!

Unless someone complains, it will work itself out in December - less than 30 days from now.

In the meantime, get down to governance . . .

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