Board Members left name off the ballot

We have a 5 member BOD. At the May elections only 3 of the existing members put there name on the ballot. The quorum was not met. The two members that did not put there name on the ballot are still on the BOD. I have questioned the property manager and she insists that since a quorum was not made due to the % requirement needed. The two members that did not put there name on the ballot would stay on.
One of the members is always traveling but seems to make it back before he has missed three meetings. The other member has been unprofessional at member meetings even arguing with a home owner who is also on the ARC committee. Would like to find or get some information so that I can make a motion during new business to have them removed because they did not put their names on the ballot. There are other homeowners who are interested in these two positions that they thought were open.

Frances,

Sounds like apathy abounds in your assn! Not only could you not find anyone willing to run for the board, except for the three incumbents, you couldn't even reach a quorum for the meeting! The PM is right in saying the existing board members shall continue in office. If no quorum was reached, a meeting could not take place and elections could not be held. AZ does allow mail-in ballots, which are counted toward the quorum, which means the apathy is even more rampant! As Glen pointed out, perhaps only the three board members' terms were up which is why only their names were on the ballot. Many assn's do have staggered terms. If as you say, other homeowners were interested in the two positions they thought were open, why weren't their names on the ballot? Doesn't the BOD solicit nominees to run for the board positions?

Glen mentioned the possibility of a recall if you are displeased with the conduct of certain board members. BTW, only board members can make a motion at a board meeting; however this is not the correct process to initiate a recall election. ARS 33-33-1243 (condos) and 33-1813 (planned communities) sets forth the requirements for a recall. The process involves circulating a petition. The size of your community will determine the number of signatures required on the petition. Once the board receives the petition they have 30 days to call a recall election.

Where are you located in AZ?

Roger,

I suppose both the election of board members and the removal of board members could be accomplished at the same meeting. However, a petition to remove board members must be filed with the required number of signatures IAW AZ law. A quorum for a recall is 20% of the membership. The quorum for the annual meeting must also be met. IMO, whichever one is higher would be the legal quorum.

Frances,

So am I correct in saying that even with mail-in ballots you are unable to reach a quorum? If that is the case then I think the BOD should consider sending a letter to all the members letting them know exactly what is happening. If a quorum is not reached a meeting cannot be held, which means new board members CANNOT be elected. If there are other candidates running, in addition to those board members seeking re-election, then the second meeting should be called. However, if it's only the incumbents running, there is really no need to hold a second meeting. And, yes, the ballots received for the first meeting would be added to those received for the second meeting. The reason for calling a second meeting is to get "additional" members to either show up or send mail-in ballots so a quorum can be attained.

Susan,

I think you meant to address your response to Frances. However, I just want to make a point regarding AZ law. Although it does not specifically prohibit write-in's and nominations from the floor, the way the law is written these methods cannot legally be conducted. The law states ALL actions to be voted on must be stated on the ballot. Therefore, IMO, the ballots received for the first meeting can be used for the second meeting, in addition to any others collected at the second meeting.