vacant board position

I'll give this a stab. The BOD should appoint a new member once the PM approves the candidate. We had the exactly same scenario late 2008 and into 2009.

Robert

I am on your side. But, as you mentioned elesewhere, we don't live in a perfect world. Much would have to do with how informed and educated a BOD is and how controlling a PM is. If a BOD has only one discenting vote, then then you could wait until the annual election, but if it's 2-2 all the time and you need to get things done, it would be in the best interest of the assoiciation to get to 5, so would you choose a person that agrees or disagrees with your position? The only problem is, like our association, what if you can't achieve quorum? I have the feeling I am the first person who is willing to go the extra mile to get things done, most of which was done getting events off the ground.

Definitely no PM involved in this decision. It should be done by the Board.
Even though our PM does a lot for us, we still make these kinds of decisions and hold the reins to our association. The PM works for us.

6.4.1 Vacancies on the Board of Directors, except for a vacancy created by the removal of
a director, may be filled by a majority vote of the remaining directors, though less than a quorum, or
by a sole remaining director, and each director so elected shall hold office until his successor is
elected at an annual or a special meeting of the Members. A vacancy on the ~ o a r dof Directors
created by the removal of a director by the Members may only be filled after obtaining the vote of a
majority of the Members, excluding the vote of the Declarant.

This seems to meen the board MAY fill the posistion if they want or they MAY wait for the annual meeting to fill the vacancy.

I prefer the latter, but that never seems to happen.......

I agree with everyone that it's not crucial to appoint a new board member if there is only 4 or 5 months till the next election.

I also think Donna's point that it's generally not a great idea to have even numbers if there is a lot of voting activity by a board.

I would be surprised if there were so much voting activity that it would hamper an HOA board for 3, maybe 4 months, of getting the business done.

It would seem to me that the bulk of the voting activity would occur in the early part of the year and not so much once the year is well under way. Except for actual "gettin' things done," most of the issues that would require voting would probably already be done by mid-year.

At least that's the pattern I've seen in my own and other HOAs in our area.

Like HB, I'd be focusing more on the general day-to-day bidness.

To all,
Replies are relevant and informative, but this example is just the kind of drawing conclusions because we don't know the whole story that we are asked to deal with it here on this site. Day to day business is mentioned as more important than # of directors. But consider:
1. We have a new manager starting 1 Jan 2010.
2. Days to day business is mostly maintenance as far as activity is concerned.
3. The director that resigned was the Maintenance chairman, he had never met the new manager.
4. We have five directors, now four and only one on site.....the President.
5. So the President says I will take over maintenance in addition to indoctrinating the new manager, in addition to serving as the contact point for all and any other day to day business in addition to shepherding all owners concerns that the new manager doesn't know about, plus getting a new office up and running. I personally find this is too great a burden on one person because he happens to reside here and elects to do it. I also know we that live here will work this out. They know I have a twenty year knowledge of what it takes for this place, I have volunteered to serve out the term and take over maintenance. At one point the board refused to put my name on the ballot several years ago. You all can understand that. I have no idea what the Board will decide and it matters not, as long as we can get the job done and we will one way or the other, I am sure of that. So for our posters that come on and want blood to be spilled, have some patience, keep your eyes and efforts forward and do the job that has to be done.
I think you all would agree that those concerned here will get the job done, and it won't take hiring legal advice or going outside our documents.
It is now close to 1230, the new manager, the president and his wife and I just finished putting on about 150 freeze caps on outside faucets. Probably close to 3 hours x four- 12 man hours. No extra cost to owners, and that is also not relevant, do the job and move on.

Starting this post and reading the replies and considering the different viewpoints has helped me cut through some crap that is not important, thanks a lot.