Election of Directors

Started by MikeL7 • 12 replies • 1372 views

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MikeL7 (Texas)
Posts: 13

Posted:

It appears our HOA may have made a mistake by holding an election for a director in an odd year that per Bylaws was supposed to be elected in even years. As a consequence, the election for a director in odd years did not include all three candidates. Only two candidates were on the ballot. Now we have possibly incorrectly elected 2 of 3 directors. Do we have to do anything or just wait until elections in Oct 08 to correct the problem?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MikeL7: Your assn. may have 'staggered' elections in that, all seats on the Board do not require election for all in any one year.

Obviously, the first year of the HOA resident-control, all Board seats are filled at one time--then it becomes a matter of 'staggered' terms of office to avoid all Board members being new to the Board at one time.

MikeL7 (Texas)
Posts: 13

Posted:

We're in 10th year of HOA control and have been under the staggered procedure, per Bylaws amendment, but that wasn't followed in the last election. I don't know why. If conducted properly there would have been 3 candidates and there is no way to tell who might have won and who should, therefore, be on the board.

WayneB3 (NV)
Posts: 51

Posted:

Quote:

Posted By MikeL7 on 01/11/2008 9:08 PM
Do we have to do anything or just wait until elections in Oct 08 to correct the problem?

Who's complaining?

MikeL7 (Texas)
Posts: 13

Posted:

A few homeowners are complaining.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The election can be declared null and void, due to irregularities, but that should have been done ASAP after the election OR You can call a special meeting for the purpose of filling this board position.

(I'm still not sure about what you are saying, you use the word candidate, position and board member. What TERM position are you still needing to fill?)

MikeL7 (Texas)
Posts: 13

Posted:

There are 3 BOD positions. Two are to be elected in even numbered years and one is to be elected in odd numbered years. The term of all 3 positions is 2 years. In 2007 there were two elections: one for an unfilled position to be elected in an even numbered year (08). A person should have been appointed to this position, but wasn't. After this election, there was another election for the position to be filled in odd years (07). If there had been the one election required by the Bylaws there would have been only one election and 3 candidates. But, because there were 2 elections and one of the candidates was already elected, there were only 2 candidates when there should have been 3.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MikeL7: Be careful you are not making what occurs as a common mistake regarding filling a position rather than a SEAT and TERM on the Board. Normally, members vote to elect a resident member to a Seat on the Board, but not the POSITION on the Board.

At each election time when the candidate/s are elected to Seats on the Board with, in this case, a 2-year term, it is the Board members who decide among themselves who will assume what role/position on the Board. If a person holds a 2 yr. term, and they want to continue in the same role for their 2nd year, OR, if after their first year they want to try a new role, this can take place among those who hold SEATS on the Board as long as they all agree.

I don't know how to interpret your statement...because there were 2 elections and one of the candidates was already elected, there were only 2 candidates when there should have been 3.

MikeL7 (Texas)
Posts: 13

Posted:

Some homeowners have complained that they do not know who should have been elected if the 3 candidates had run for the same seat. As it was, all 3 did not run for the seat because an "extra" election was held, which resulted in one of the 3 being elected to that seat, which should have been voted on in 08, not 07.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MikeL7:
If your Bylaws are not clear for the Board and assn. to know how how to hold an election and for how many open seats, then your assn. will need to schedule a mtg. to vote for an amendment to your terms of office. It sounds like you started off on the wrong foot and this will impact you continually unless you get it right. If your Board/Assn. did not hold an election properly and according to the docs., then it is invalid.

Start over, make a diagram for several years out and including '07 which reflects how many seats are open and to be filled. The problem may have been for the first year of resident control when one term would have had to be 3 yrs. and all the others 2 yrs. so that 1 open seat would be elected one year and 2 open seats the next year, and so on, alternately. This allows 1-veteran board member to always be on the Board.

MikeL7 (Texas)
Posts: 13

Posted:

ALL: thanks for your input. We'll have a do-over.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Just fill the vacancy with a special election. No need to invalidate the entire election.

Then you can get yourself on track after that.

GeraldT4
Posts: 1,022

Posted:

Your by-laws may permit that vacancies are to be filled by the remaining Board members, and not be required to be filled by an election vote of the entire community.

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