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Subject: Election of Officers
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Author Messages
TomB23
(Florida)

Posts:4


03/30/2019 7:32 PM  
Our association was to have an election on 2/9/2019.
Our management company made a major error in handling the qualification forms and the election was postponed until 4/20/2019.
Technically the board's term of office is one year and it expired on 2/9/2019.
Is there a formal process to govern this?

Thanks
LetA
(Nevada)

Posts:663


03/30/2019 10:23 PM  
It is impossible to fathom that your HOA don't hold alternating elections. i.e. two board members elected in even years and one board member elected in odd numbered years, this is providing you have three board of directions. if you have more than three, then the same formula applies Odd/even. The moral of the story is, you are always going to have a board member that can make decisions in case a snafu like this arises. Someone is not on the ball or they are just playing kick the can until the issue rectifies itself with the pending election.
TomB23
(Florida)

Posts:4


03/30/2019 11:35 PM  
Thanks for the reply. Crazy as it may seem our board does not hold alternating elections. That is an excellent suggestion. I will bring it up at the next meeting.
Would you say that technically in this case no board exists?
I was hoping that there was some documentation that explains what needs to be done when the term expires and there is no elected board to replace the previous board.
Thanks for your time.
TimB4
(Virginia)

Posts:16257


03/31/2019 3:32 AM  
Corporate law would apply.
Corporate law specifies that even though the term expires, the Directors remain until their successor is elected or appointed unless the sitting Director resigns.


I don't have time to look the actual statute up for you.
TomB23
(Florida)

Posts:4


03/31/2019 5:25 AM  
Thanks for the explanation and your time.
GeorgeS21
(Florida)

Posts:1179


03/31/2019 7:14 AM  
Tom,

While Let’s point is well taken, and I have no broad analysis to support my contention, I believe most HOAs are for single year terms, with annual elections.

I believe the current Board can continue to make common decisions, run the annual meeting, and conduct the election, then new team will take over. Yours is not the first time this has happened.

Follow logical path, don’t get weird, and let everyone know what is happening - your HOA will be fine.
TomB23
(Florida)

Posts:4


03/31/2019 8:08 AM  
Thanks for the advice.
KerryL1
(California)

Posts:6308


03/31/2019 8:44 AM  
With others and FL assuming corp. law is followed and they just continue serving, that's what's done.

But your subject line is election of officer, i.e., prez, sec'y, VP, etc. It is very common that officers serve one year.

Your narrative, though, refers to directors--board members-- and usually they serve 2 or even 3 years. What do your bylaws say about term length for officers and term length for directors, Tom?
KerryL1
(California)

Posts:6308


03/31/2019 8:44 AM  
With others and FL assuming corp. law is followed and they just continue serving, that's what's done.

But your subject line is election of officer, i.e., prez, sec'y, VP, etc. It is very common that officers serve one year.

Your narrative, though, refers to directors--board members-- and usually they serve 2 or even 3 years. What do your bylaws say about term length for officers and term length for directors, Tom?
DouglasK1
(Florida)

Posts:1374


03/31/2019 7:51 PM  
I think it is very common to have have one year terms. Your governing docs should define how long directors serve for, you can't change it arbitrarily.

Escaped former treasurer and director of a self managed association.
JohnC46
(South Carolina)

Posts:8195


04/01/2019 7:55 AM  
In our member BOD terms are two year long and staggered. Two rotate off one year, three rotate off the next year. Works quite well as we always have at least two with corporate memory.

One year terms are to short. Hardly enough time to learn how things works.
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