Filling vacancies on Board after COUP DE TAU > HOA Forum

Home

HOA Discussions

HOATalk.com Preview

Service Directory

Member Login

Help

Friday, January 09, 2009

Our Sponsors:
(Advertising Information:
HOATalk is viewed over 100,000 times/month!)

Banking Solutions for Community Associations (NCB) (National Bank)

Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…

HOA Websites by Community123.com (National Community Website Provider)

We built HOATalk and we'll build your community website for free! Click here for information on a free trial website.

IHG Insurance (National Insurance Provider)

Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.

Community Associations Network (National HOA Reference Library)

News, articles and blogs about condos/HOA's

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Filling vacancies on Board after COUP DE TAU

Prev Next

You are not authorized to post a reply.

Author

Messages

DarcyC
(Florida)

Posts:22

05/26/2006 7:47 AM
Our by-laws state that The board shall have 3 members at all times, vacancies on the board shall be filled by the developer so long as developer owns any lot in the subdivision (he does not) thereafter, vacancies shall be filled by the remaining board members. In light if the recent COUP DE TAU attempt one of the members has resigned leaving a vacancy. Is it approiate for the 2 remaining board members to fill it? Do we have to call a meeting and have an election? Our by-laws also state that all meetings of the board must give 48-hr notice and be open to the general membership except in emergencies period. There is another paragraph that addresses the attorney client privilege not requiring open board meetings. We (the remaining 2 Members on the board) were lucky enough to find a volunteer and have appointed them and are going to send a letter to the members of the association explaining the situation and calm them down because they have received many notices stuck on there mailboxes by the pretend board stating they are the new board and have put out notices of meetings etc… We have 37 lots in here the trouble makers are 4 lot owners should I be worried or just ignore them. They have certainly caused a fuss!

RogerB
(Colorado)

Posts:3725

05/26/2006 12:19 PM
Darcy, the remaining Board members appoint the Director to complete the remainder of the term of the departed Director. You do not have to have an election, but at the next Board meeting the appointment of the new Director should be recorded in the minutes. Since there is termoil in your HOA in the notice inviting members to the next Board meeting you could advise on the new Board member. The way I deal with trouble makers is to be tolerant but firm. As President you chair meetings, therefore it is your option who is acqknowledge to have the floor to speak. So you can stop or at least limit their disruptive meeting activities.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Filling vacancies on Board after COUP DE TAU

General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)