LuciM (Arizona)
Posts: 2
Posts: 2
Posted:
Our management company decided to change the term of office for the directors. In addition, we are not allowed to "stack" votes. Was this not prohibited in 2005 in AZ? Thanks
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Started by LuciM • 3 replies • 1192 views
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LuciM (Arizona)
Posts: 2
Posts: 2
Posted:
Sorry, typo, we are NOW allowed stack voting.
DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
Management companies do not have the authority to change the term of office. This is specified in your governing documents and can only be changed via the procedures specified in those documents. This generally means action by vote of the board of directors and/or the members of the association.
Perhaps you are misunderstanding what is happening?
Perhaps you are misunderstanding what is happening?
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
Luci,
The management company only does what the Board tells them to do. The issues you have are with your Board of Directors. Show this by tossing the bums out at the next election.
What do your bylaws, Articles of Incorporation and CC&Rs say about making amendments?
Are they done by the membership or the Board?
It's possible that the Board had this authority and they amended the documents on their own and are using the management company to inform the membership.
Stacking the votes (or cumulative voting) might have been allowed before but not used. If your documents were silent on the use of cumulative voting, then it was probably always allowed but not used.
What does your governing documents say about cumulative voting?
The management company only does what the Board tells them to do. The issues you have are with your Board of Directors. Show this by tossing the bums out at the next election.
What do your bylaws, Articles of Incorporation and CC&Rs say about making amendments?
Are they done by the membership or the Board?
It's possible that the Board had this authority and they amended the documents on their own and are using the management company to inform the membership.
Stacking the votes (or cumulative voting) might have been allowed before but not used. If your documents were silent on the use of cumulative voting, then it was probably always allowed but not used.
What does your governing documents say about cumulative voting?
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