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BOD elections

Started by BarbaraP3 • 10 replies • 1207 views

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BarbaraP3 (Maryland)
Posts: 90
Posted:
Our annual meeting and BOD election is coming up in June. We currently have a 7 member board and 4 there are open positions. We currently only have 2 nominations and only one week left to accept nominations. My question is what happens if we don't get 5-7 candidates? If only 4 candidates or less do we still hold the election? OR Since the board was increased from 5-7 three years ago, can the current BOD reduce the BOD back to 5 members by resolution?

Thanks for your advice.

Barb
SheliaH (Indiana)
Posts: 6,964
Posted:
How did the number get increased in the first place - was there an amendment to the Bylaws they usually dictate how the HOA is run and address things like elections). Can people nominate others (or themselves) from the floor during the meeting? Check the Bylaws first and go on from there.

You may also need to go door to door and remind homeowners the election's coming up and there's still time to nominate someone. Also see if the previous board members might want to jump back in (assuming they weren't sacked in the first place for bad behavior or incompetence)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BarbaraP3 (Maryland)
Posts: 90
Posted:
Our by-laws state that the BOD can increase the directors to 7 by resolution.
BarbaraP3 (Maryland)
Posts: 90
Posted:
sorry Shelia, I didn't answer the remainder of your post.

No nominations from the floor are allowed. Our election is by ballot and absentee ballot. We are a vacation community and 90% of the members do not live there. We most certainly do NOT want the old board members back.

That is basically what we are concerned with. The old members will see that they would be a shoe in if there were only 4 candidates. YIKES!!!

Thanks,
Barb
MaryA1 (Arizona)
Posts: 7,043
Posted:
Barb,

IMO, even if there is only one candidate and 4 positions open, the election should take place. If there aren't enough candidates to fill the vacancies, the board would have two choices:

1) reduce the board to 5 members
2) make nominations to fill the extra positions

Both choices are, of course, dependent upon what your bylaws say. Most do give the BOD the authority to make nominations to fill vacancies.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Depends on what your bylaws say: do they say that board members serve out their term OR until they are replaced? The old board members may stay in place IF your bylaws allow.

The best thing would be to hold the election - no matter WHO gets elected. If you have only a few elected and all those vacancies, then the vacancies could be filled by the sitting board.

If you would have had a Nominating Committee, this may not have happened. That committee is charged with finding able and willing people to fill board positions (including asking present board members who want to run again)
BarbaraP3 (Maryland)
Posts: 90
Posted:
Mary,

Our by-laws do allow the BOD to appoint board members to the board (after the election) for one year. Our nomination deadline is May 13 and there is a BOD meeting on May 16. At that meeting, if necessary, the board can propose a resolution to reduce the bod back to 5 members, which is what I favor.

Thanks,
Barb
SusanW1 (Michigan)
Posts: 5,202
Posted:
Can your board DECREASE its size? I thought you said it could INCREASE it.
BarbaraP3 (Maryland)
Posts: 90
Posted:
Susan,

We already have two appointed board members, because two directors quit about one month ago because they disagreed with a board vote! Just like little kids they picked up their marbles and went home...... We normally would only have two open positions, but now four. One of the two outgoing directors is running again, the other one has to leave for family reasons.

Geeze I wish we had enough enthusiastic people to appoint a nominating committee. We can't even keep people on the ARC committee.....two members just resigned from that committee because they were friends with the resigned board members. We have to many volunteers for the "marina committee", not enough for the pool committee, a few for the "affairs" committee, a steady couple that has served as the tally committee, and now none for the ARC.

Barb
BarbaraP3 (Maryland)
Posts: 90
Posted:
Susan and friends,

I did say our board increased the director from 5 - 7. Our by-laws state:

A board of five directors shall manage and control the affiars of this association. By majority resolution, the board many increase the number of directors to seven who must be members in good standing.

Out association ran for 25 years with 5 directors. A board several years ago didn't get all of their buddies on, so after the election, they increased the board to 7 and appointed their loser friends!

I am assuming that since the board can increase the number of directors, the board can by resolution reduce the number of directors.....What do ya'll think?

Thanks,
Barb
MaryA1 (Arizona)
Posts: 7,043
Posted:
Barb,

Since your bylaws state a board of 5 members, I see no problem reducing to 5. I would wait until after the election to pass a resolution to reduce the number. You may get some nominations from the floor or write-in candidates. Never say never!

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