💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MegL (Florida)
Posts: 7
Posted:
Our HOA president recently passed away. His term would be up 2011. It was announced at our January 14 BOD meeting that we would be replacing the president right then and there. This New Buisness was not on the Agenda I had received several days prior but was listed on the 'Revised Agenda' that was handed to me. The acting president had recruited a resident to be at the meeting and he proceeded to nominate the recruit. I was opposed to this because I felt like notice should have been given to the residents before appointing a new board member. the night before the meeting I sent a message to our neighborhood Yahoo group (not all the residents are on the group) that there was a position available but I didn't know we would be appointing someone the next night since it was not on the agenda. I was out voted by the 2 other BOD that were in attendance. Is this the normal way to fill a vacancy?

My other concern is that no matter who filled the vacancy they would assume the open position & term which was the President. That is how I had interprutted our Bylaws below. After reading an email tonight, I understand the VP is still the acting President until elections in June and the new board member is a director.

Please share your thoughts on this.

Vacancies in Board.
Whenever a vacancy in the membership of the Board of Directors shall occur, the remaining members of the Board of the Directors shall have the power, by a majority vote, to select a person to serve the unexpired term of the vacancy.

Thank you,
Meg
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why would residents be notified when this is a board function?

The board should have considered several candidates and then held its own mini election at the next meeting.

That new member would not take an officer position. The VP would fill the position of the Pres. until election OR follow your documents guidelines.

Work to make your bylaws more clear for the future.

HB (Oregon)
Posts: 143
Posted:
I don't see a problem with how this was handled. We have had to appoint someone on short notice before as well.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Meg,

It appears your board followed procedures -- I see no problem with how this vacancy was handled.

When a person is appointed to fill a vacancy on the board they are not appointed to the position the former board member held. It was proper for this person to be appointed as a director. The board can now decide if they want to appoint someone as Pres. or just let the VP continue as acting Pres. What do the elections in June have to do with board officer positions?

Also, there was no requirement for the members of the assn to be notified unless the board had decided to hold a special election to fill the vacancy.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Meg,
The only thing that I see your Board did not follow the Statutes was in not posting the correct agenda 48 hours prior to the meeting. They should have postponed the meeting and rescheduled it with the correct agenda. But I think that you are being overly concerned about what position the new member takes on the Board. It is their duty to select among themselves , who will fill the directors and officer slots. This was basically an emergency situation and not something that you should be irred about. At least you have a full Board again. Many places are so hurting for Board members that drastic steps must be taken to fill the positions.
GeraldT4
Posts: 1,022
Posted:
Hi Meg,

On the one hand your opposed to the President's action of appointment, however on the other hand you took it upon yourself to notify a neighborhood Yahoo group where not everyone is a participant. Proper notice is where it goes out to all residents at the same time. Thereby leveling the playing field. That you took this unilateral action was probably perceived poorly by the other Board members. Word travels fast. This may have lent itself to the revised agenda. Granted you were sandbagged by an act of favoritism by the President by lining up his candidate. In my opinion the best method for vacancy fill is to provide the entire membership notice of the open seat and to hold interviews and make a choice as a Board.

As others have stated, you fill a seat as a director and depending on your governing documents board officers (pres, vp, secretary, treasurer) are decided upon by the Board.

Sincerely,
Gerald
MegL (Florida)
Posts: 7
Posted:
Thank you all for your replies. My question has been answered about 'how to fill a vacancy'.

I agree with Gerald, "In my opinion the best method for vacancy fill is to provide the entire membership notice of the open seat and to hold interviews and make a choice as a Board."

That seems like a fair and just way to operate.

BTW, My message to the Yahoo group went out after I heard the acting president was lining up a candidate. So yes, Word does travel fast! I did the best I could to notify the residents.

Open communication to all board members would be a wonderful thing.

Thanks again
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By SusanW1 on 01/18/2010 7:09 PM
Why would residents be notified when this is a board function?

The board should have considered several candidates and then held its own mini election at the next meeting.

That new member would not take an officer position. The VP would fill the position of the Pres. until election OR follow your documents guidelines.

Work to make your bylaws more clear for the future.


How would you consider candidates if you don't notify members there is a vacancy allowing them to somehow throw their hat into the ring?
HB (Oregon)
Posts: 143
Posted:
The current Board or anyone who has attended meetings in the past would know of other residents who are interested. I have lived with the same neighbors for the past 5 years and am very aware of who is and definitley isn't interested.

We do not need to notify the entire membership to call someone up who was interested at the last meeting and ask them to take the spot until elections.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Richard - when the board APPOINTS, it is by invitation. That's one of the perks of this whole process. And, yes, it can be quite political. Elections, on the other hand, are when the membership offers themselves up for service.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Yup, I agree with Susan,

The Statutes say that the Board appoints a replacement for missing BOD members. It is not a political process where the membership gets it's say-so. A good Board might take the time to ask for volunteers and we do not know if Megs board did that.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By HB on 01/19/2010 9:23 PM
The current Board or anyone who has attended meetings in the past would know of other residents who are interested. I have lived with the same neighbors for the past 5 years and am very aware of who is and definitley isn't interested.

We do not need to notify the entire membership to call someone up who was interested at the last meeting and ask them to take the spot until elections.

Agreed! The board usually knows of interested members. I never attended any board meetings but the Pres knew I was deeply involved in HOA issues and asked me to head the Grant Committee. Several months later I was appointed to the Advisory Comm.

Usually the board has the option to either appoint or call for a special meeting to elect a board member to fill a vacancy. If an appointment is made that person only serves out the remainder of the term; however, if someone is elected to fill the seat I believe they would serve a full term.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here