Election Process

Debbie,
This is a perfect example of what happens when there is owner apathy. The Builder is done with the buildout and had wanted to establish a BOD probably by order of your Documents. An election vote requires by your docs, 2/3rds and there were not enough votes to establish the Board, therefore the Builder has the rights to appoint or in this case, accept any member to take on the position.

If you read your documents, you will find all of that in there someplace. But instead of worrying why she is now President, get members involved. The cow is already out of the barn and unless the membership gets involved, things will only be at a standstill from now on.

The President is just a figurehead.

Our quorum was at 60% until we lowered it. If it's the developer's board then they should have the right to appoint officers.

We have a community of 40 homes where we are fortunate when we have 1 or 2 members who are not a member of the board, but attend meetings (and volunteer to do work). Not much help.

The point: Your state laws and HOA governing documents rule. It is crucial to understand your governing documents - I didn't read mine for the first 17 years ... and finally did. I discovered that there was very little that we were doing that was correct or legal. I "introduced" our Board to the documents and started quoting them in discussions ... now we're pretty healthy and getting a great deal done to keep the community looking great.

One thing that no one is mentioning is PROXIES. Owners can be apathetic and nothing will change that. As long as you have enough people interested in keeping the HOA working (per the governing documents), you can succeed. You should use proxies (even if you have to go door-to-door to get proxy signatures). This allows you to have (say) three people in the "annual member meeting" and elect directors to serve. Normally, the directors vote for the officers (President, VP, Treasurer, Secretary) ... don't confuse election of directors (the HOA membership does that) with electing officers (the directors do that).

Proxies allow membership meetings to take place so that the interested parties can conduct the business of the "Annual meeting" - usually to elect the directors.

good advice mitch!

just make sure proxies are legal in your state (as always, Arizona doesn't allow proxy voting) before you proceed with proxy voting.

I'm in a similar situation and hoping that with the help of a handful of neighbors, we'll be able to gather enough proxies for our Dec. 9 elections. I'd like to be considered for the 2009 board. We have 558 SF homes. What I'm not sure is that if I gather enough proxies from homeowners would it prevent me from running for office ?? Candidates will make their presentation from the floor at annual meeting.

Your thoughts.

JohnK, point taken. I'll have to wait and see what the Pres. and Prop. Mgr. come up with. I've suggested a proxy without limitations as far as the number of times we may have to vote since the HOA may have to call for a second and even a third annual meeting until all options are exhausted.