Resignation

Started by CarlaW • 6 replies • 1774 views

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CarlaW (Wisconsin)
Posts: 2

Posted:

We recently had our annual election and vote was taken. Our bylaws state that we are to have 4 full time residents and 4 part time residents and a floater who can be either or. The board allowed the election to go on and a week later discovered they had one too many full time resident. We know this is because the part time resident they wanted was beat out by this gentleman. Now they have asked this man to resign so can put their choice in. We also discovered the Secretary of our board was handing out illegal ballots so if certain residents would have used them they would have called an unfair election. Can they make this man resign or does it have to go through a membership vote? Our bylaws have nothing on this situation.

Carla

CharlesW1 (Georgia)
Posts: 826

Posted:

Carla,

I would think the entire election would have to be redone. This is the only fair way, which I see. Then the people of the community can determine who they would like on the board by casting their vote, not the individual board members of the association, themselves.
Who ever doesn’t get elected to the BOD, could be head of one of your committees. This individual can be used for something to benefit the entire community. I would imagine he or she wouldn’t be too upset with that.

If they are upset for any period of time, then their intentions may not have been right for the position any ways.

Chuck W.

Charles E. Wafer Jr.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

CarlaW,

Part time residents can only take the part time resident board slot, full time residents can only take the full time resident slot.

A part time resident can not be outvoted by a full time resident because they are basically running on the same night of the annual meeting, but in different categories.

A tally of the votes for the full time residents needs to be taken, the top 4 of which should take the 4 full time resident board member positions.

As for the secretary handing out ballots, an executive meeting of the board should be called to get to the bottom the acts. At that time a determination needs to be made if he/she should be asked to resign first, rather than entangle the community in an impeachment. The secretary should resign from both the position of secretary as an officer, and the position of a board director. Typcially ballots and the method they are delivered are to be approved by the boards, so IF the secretary did indeed hand out ballots, that is a big no no.

GeraldT1
NNJ

HaroldS (Arizona)
Posts: 906

Posted:

Gerald, I understand what you are saying about the full time and part time positions should be listed and voted separately, but there is also a floating position that can be either a full time or part time resident. How is that person elected under your premise? If there are five or more people running for each category could the one with the highest vote total remaining in either category, after the other eight are selected, become the floating member? Such as the fifth member running for full time position gets 20 votes and the fifth member running for part time position got 19 votes, then the full time member would fill that floating spot? I am surprised the documents don't spell out how this vote is to be tabulated since they require 4 full time and 4 part time and one of either to be on the board. This is still stacking the votes 5 to 4 on any issue if the part timers feel differently about issues than full timers.
Carla, actually I am amazed that your HOA can obtain nine directors and even have competition for the positions. That is great! Harold

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

HaroldS,

If the community wishes the floater slot to be filled by a full-time or part time resident, that is their choice, and the way the community wishes to stack it in their favor.

The most votes for full time residents gets the 4 full time slosts, the same for part time slots.

If the extra (5th) resident who ran for the full-time slot had less votes than the other 4 BUT more votes than the floater got, than the extra (5th) resident should take the floater spot.

It's the most objective method to comprise the board.

GeraldT1
NNJ

CarlaW (Wisconsin)
Posts: 2

Posted:

We vote every year for one full time resident, one part time and a floater who is either or. What happened is there were too many full time and when two fulltime were voted in it went over the 4,4,1 quota. This should have been caught before the annual meeting was over. It wasn't and now that the board didn't get in who they wanted they want this man to resign without a new election so they can put this other one on that they wanted which would make it an even split. The problem some of us are having is this guy who they want very seldom shows up to any board meetings and we know the one they want to have resign will. The one we voted in is actually an out of state resident but his drivers license, most of his properties, etc. are Wisconsin instead of Illinois. But he wanted to run as a resident and the board allowed him too. So now they want him to resign and we think if that's the case the whole election should be done over again.
Carla

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

CarlaW,

Given your recent post, IMO one of the two that were voted into the fulltimer slots that had the highest number of votes should remain. The remaining full-timer should have a run-off with the member who got the "either or" slot. Someone should put their contesting the election immediately in writing to the board care of the MC and call for a resolution. IMO,your boards now consist of 7 members and only they should decide what occurs. If that is not acceptable than what about rock paper scissors.

Best of luck!!
GeraldT1
NNJ

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