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RosalieP (Kansas)
Posts: 3
Posted:
Our HOA was formed in February. The members voted on the slate of officers and voted on the office that each would hold. When the one year term expires, two members are to leave office and two new members will join the board. Who should make the decision on who stays and who leaves and who the new members will be? Shouldn't this be a majority vote by the homeowners?
LisaP (Florida)
Posts: 32
Posted:
Check your bylaws and/or other covenants. There should be clear provisions within to explain how the elections/staggering of Board members should take place.

For officers and not directors (i.e. treasurer, secretary, etc.) should be decided/voted on each new Board, at the start of each new termm by the Board. Board members, although they can be officers, shouldnt have to hold an "office." Board members should determine who holds which office, not a vote of the entire membership of the Association. This is how it is done in Florida.

Your bylaws might be vague on this. If so, you might need to seek counsel or review your state's laws for clarification.

A matter of urgency and importance might be to hold a meeting and draw up resolutions determining exactly what is expected of each officer and director, outside of the community's covenants and bylaws.

For any gray areas, it is best to do this at the time of initiation and on a continual basis... although timely and might seem unnecessary at the time. This WILL save you a TREMENDOUS amount of time and headache later.
JulieS (Georgia)
Posts: 412
Posted:
The members who were first elected to the board should have decided who would have which terms and office if it is not defined in the documents.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
RosalieP,

As for who stays and who goes, staggered terms of 3,2,3,2 or 1,2,1,2 would provide overlap. Seems to me though that the board member that got the highest votes would be a good objective way of determining who should stay the longest.

GeraldT1
NNJ
JulieS (Georgia)
Posts: 412
Posted:
Maybe try Rock/Paper/Scissors?
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
JulieS,

It is a toss up at times, LOL. You are too funny. Giving birth, while a physical and genetic impossibility to my gender, feels a more desireable alternative to a life sentence of caring more than others.

GeraldT1
NNJ

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