Term Question

I am a homeowner in a 308 home subdivision in Idaho and we have a board president that likes to do her own thing as follows:

The annual meeting is best described as a gathering as Roberts Rules of Order are not followed as specified by the CC&Rs. Minutes are nothing but fancy notes with many details missing such as motions and who made them and if they were seconded.

No agenda is followed. The CC&Rs suggest an agenda but state “it can be dismissed without motion”.

Last year the Secretary resigned with one year left on her term. The CC&Rs state that a replacement be voted in at the next annual meeting to finish the remaining term. The “minutes” from that meeting last year say she was elected to a 3 year term.

I resigned as Treasurer last year with one year left on my term. In the meeting this year the vacancy was not even mentioned and I have so far been unable to find out who is the Treasurer.

The CC&Rs state that the first elected board have staggered terms of 1, 2, 3 years and after that the term is 3 years. The one year staggered term of the President was up last year and she was re-elected. The “minutes” from that meeting state that she was re-elected to a one year term (should have been 3 years). The 1 year term should have been up at our meeting last month but nothing was mentioned.

I realize we can remove the President if I can find enough homeowners that care. My question is how do we correct the term errors? Special meeting?

Thanks

Arthur,

IMO, the term errors can be corrected at the next annual meeting. The members can be advised that some errors were made in past years which are now being corrected. To maintain staggered terms, each year at least one board member should be elected. I don't think this is an issue that would require a special meeting.

Being an elected BOD member and occupying a given officer position are two separate issues. Your docs likely provide the process. Usually, Membership elects the BOD, then the BOD determines the officer positions.

Mary,

The CCRs state that the BOD can fill vacancies on the board created by resignations board but "Each person so selected shall be a director until a successor is elected at the next annual meeting of the Association to serve the balance of the unexpired term." I think the President of the BOD filled in for the Treasurer for the balance of 2008. My term as Treasurer included 2009 and I expected someone would have been selected at the 1/28/09 annual meeting. I do not know who is now serving as Treasurer. I am having a hard time finding out who is on the board and how many (4 or 5).

The original Secretary was elected in 2007 to a two year staggered term (It was our first board). She said she would not serve in 2008 and a new Secretary was elected to the position at the 2008 annual meeting. There was one year (2008) left on her term and I also expected that at the 1/28/09 meeting they would elect a new Secretary for a 3 year term. The person that was elected in 2008 for the position of Secretary is still on the board and I assume in the same capacity.

Arthur

Arthur,

I get the impression you did not attend the last annual meeting, otherwise you would know who was elected to the BOD. Perhaps the sec was re-elected at the last meeting.

I don't understand why you can't find out who the board member are. Are members permitted to attend board meetings? If so, attend one and you'll soon know! Isn't there any communication at all between the BOD and the members?