Problem electing officer positions after elections

I am new to this site, but I've spent some time reviewing many old posts and, wow, it's, in a sense, nice to know I'm not alone in my problems. I have been president of my HOA for about 3 years now. I joined after moving in to my complex (small - 43 units) and learning about the president-at-the-time and how he and one other owner kept control over things by, without getting into details, terrorizing their neighbors. One has 3 previous restraining orders on him, the other has at least one.

But this is not why I am writing. The past-president had managed to retain a seat on the board through the years. We had to go through about 2 years of never-ending crap from him before we were finally able to quiet him down. Last year we were even able to remove him from the board since he missed 3 consecutive meetings and our laws allow for this. But, he ran again and won a seat this week. Now, the current 'new' board is trying to schedule the meeting where we elect the officers, but this guy refuses to agree on a time to do so (we could not do it immediately following the elections since one of the people who won a seat was not there for the elections).

So, my question is: Is it necessary to have all board members present to elect the officer-positions or just a majority/quorum? And, if it is necessary but we are unable to do so, what do I do next?

From what I understand, until the new board legally votes and assigns officer positions, the previously elected officers retain their position (the previous president (myself), treasurer, VP and secretary were all re-elected so they are all still on the board).

Thoughts/ideas?

Thanks!

David

Your are correct about him 'proving some unknown point'. For the past 3 years (since I took his position) he has done nothing but lead us down dead-end roads, claiming things need to be done a certain way when, in fact, he was completely wrong (but we had to spend time figuring this out - so I have learned quite a bit about what can/cannot be done over the years...mostly for the wrong reasons due to him), so I have no doubt that this 'refusal to meet' is nothing more than his childish way of creating chaos as soon as possible with what little 'power' he has.

I will check into the Davis/Sterling Act and hope it reads as you say, and I would have believe this to be true as you state. However, the property manager who ran the election meeting (who is new, young and may have been wrong) seemed to think that all 5 members need to be present to elect the officer positions so this is one thing that has already thrown me. I have written to the head/owner of our management company to get a more experienced answer but have not heard back yet.

David

I just reviewed our Bylaws and CC&R, etc. but cannot find anything specific to the election of officer by the board. It states, generally, that a quorum is all that is needed for most voting scenarios, but, again, nothing specific to this situation...and if I decide to move forward with 'just' a quorum and without the one idiot, I need to be sure I am covered.

That makes sense. I did read, in my bylaws, that the current officers retain their positions until the new board is elected AND their positions assigned. I read this to mean, as you say, that I am still president and believe you would be correct in saying I can call a meeting and, since all I can find regarding voting does only cover the need for quorums, you should be correct.

David,

I don't have anything to add to the good advice already given, except to suggest this:

At the last board meeting before next year's annual meeting, make an announcement that the newly elected officers will meet immediately after the annual meeting to elect officers. If you are required to notice all board meetings, that notice can be included with the notice for the annual meeting.

I researched SB1560 but found nothing relating to the issue of electing the officer positions following the board election....still mostly stumped...most likely, unless anything new arises, going with the 'I am still president and will call for a meeting to elect the new officers, with a simple quorum sufficient'. We'll see...

I do find something about quorums for 'general', but nothing specific about the meeting of the new board members to elect the officers...this is what I am missing. The Bylaws do discuss quorums for meetings...so I'm still not sure...

My read:
A quorum is necessary for a legal meeting if called as doc state. If not the Pres can call a Board Meeting and a quorum can make it legal. Common sense seems to be the topic here, how can we expect all members to be at all meetings every time. Ain't gonna happen.
Michele is right and proper.

Now I think the OP is finding out what a lot of us know. You may be elected to the Board but as far as being effective most folks need time. He seems to have learned some lessons and if I read right he is just about to conduct a meeting with the conviction of Michele. "This is the way it is, I know what I am doing, and if you want to argue about it, lets go have a cup of coffee." We have a lot of folks that have learned this lesson around here, not just Michele, and folks being folks do things differently but the die is cast.

Unless you have seen something in your documents stating otherwise, there would be no special requirements for a meeting where officers are elected. I would simply schedule the meeting and hold elections. You are giving this guy way too much power by allowing him to hold up such an action.

Just be sure to meet notification requirements and hold your meeting.