legalities about election

Why do you have such a small BOD (5) with an HOA as large as yours? We have only 167 units in our HOA and nine (9) BOD members. Can't you folks increase the number so more of your homeowners can serve on the board?

it sounds as if you are 6/7 "owner owned", and thus, no longer under the provisions of the Class B rules. To me, that means the developer turns over control, no longer chooses members, or even votes anymore. Developer control stops at 75% occupancy, and with 360 out of 420 homes in owner's hands, you are well past the 75% needed to take control.

Gerald, Thanks for your post, I will continue what the rest of the provisions say in the bylaws so there is no confusion. Please try to bear with me and help to interpret because i am confused. I have typed sect 3.3 from the bylaws which states that they are "subject to provisions in sect 4.3 so here is sect 4.3:

Election and terms of office. Notwithstanding any provisions of these bylaws:
4.3.1 Within (30)thirty calendar days after the time that Class "A" Members other than builders own 50% of the units proposed by the site plan for the property described in Exhibits "A" & "B" of the declaration, or whenever Class "B" Member earlier determines, the Board shall be increased to five directors. The president shall call for an election by which the Class "A" Members shall be entitled to elect two of the five directors. The remaining three directors shall be appointees of the Class "B" member. The directors elected by the Class "A" members shall not be subject to removal by the Class "B" members and shall be elected for a term of two years or until the happening of the event described in subsection (b), whichever is shorter. If such directors terms expire prior to the happening of the event described in subsection (b), sucessors shall be elected for a like term.
4.3.2 Within ninety calendar days after termination of the class "b" Control Period, The president shall call for an election by whihc the Class "A" Members shall be entitled to elect three of the five directors. The remaining two directors shall be appointees of the Class "B' member and shall serve until the first annual meeting following the termination of the Class "B" Control Period. If such annual meeting is scheduled to occur within ninety days after termination of the Control "B" period, this subsection shall not aplly and directors shall be elected in accordance with subsection (c) below.
4.3.3 Not later than the first annual meeting after termination of the Class "B" control Period, an election shall be held at whcih four directors shall be elected by the Class "A" Members with two directors receiving the largest number of votes being elected for a term of (2) two years and the remaining two directors being elected for a term of (1)one year.
4.3.4 Until termination of the class "B" membership, the Class "B" Member shall be entitled to appoint one (1) director. Upon termination of the Class "B" membership, the director elected by Class "B" shall resign and the remaining directors shall be entitled to appoint a director to serve until the next annual meeting, at which the class "A" Memebrs shall be entitled to elect a director to fill such position. Such director shall be elected for a term of two (2) years.
4.3.5 Upon expiration of the term of office of each director elected by the Class "A" Memebers, a successor shall be elected to serve a term of (2) two years. The directors elected by the class "A" Members shall hold office until their respective successors have been elected.

So after reading the above, I will clarify further. As of june 17 our neighborhood turned to 75% homeowner occupancy, our last HOA meeting was last July 2005. At that point we elected 2 resident Board members, the builder still held 3 seats. Now they sent out notification for a meeting to take place Aug 15 2006 and that we were to elect 4 residents for the Board and the builder only had the 1 remaining seat. Question, if the builder terminated membership and control effective as of june 17 then why did we not elect 5 Board members? Our bylaws state that " the mnumber of directors shall consist of three to five directors as provided in Sect 4.1 & 4.3. The initial board consists of three directors." Further if the membership of the Class "B" terminated then how can the Class "B" member cast votes? There is from what i can see no provision made for the Class "b' to still be able to exercise the right to vote. I even checked the CCR's under the assessment section and there is nothing stated about voting. Please Help and advise.
On another note, One of the candidiates is a real estate broker who has sold properties for the builder, is it not unethical or illegal for the builder to have cast votes for this individual to get him on the board? Without the builder votes the whole result of the election changes from what we have been led to believe were the results.

I understand that yousay the builder is still a class B member if they still own lots, however the bylaws read that the class B membership terminates at the 75% as well as the class B control. So are they entitled to vote? There is no provision for their voting on the lots they still own after this point (75%).