Get 2 months of free community web site hosting from Community123.com!
Monday, December 16, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Board election question
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RobertW31
(New York)

Posts:30


11/10/2019 12:49 PM  
I was wondering if anyone has encountered the following situation or one like it.

We have a 4 member board, 2 of the board members are running for election and a third person is also running for the board.

I was wondering what the process would be if one of the other 2 board members not currently up for election were to resign from the board just before the election results were announced.

Would all three running for election be automatically on the board?
SheliaH
(Indiana)

Posts:2776


11/10/2019 1:11 PM  
Depends on whether other people step up. You may end up with six or more people running for 4 spots. If no one else step forward, the people who are running will win by default.
SueW6
(Michigan)

Posts:626


11/10/2019 1:19 PM  
How many openings will you have to fill at the election? Little confused by your post .

RobertW31
(New York)

Posts:30


11/10/2019 2:16 PM  


So 4 members, 2 of them up for election, so these 2 and one other non-board member running.

If one of the board members who is not running for election this year because that person would be up for election next year decided to quit the board just before the election results are announced, then the 3 running are automatically on the board if they are willing to serve. right?

I am probably am answering my own question but just want to be clear.
JohnC46
(South Carolina)

Posts:8911


11/10/2019 2:30 PM  
Posted By RobertW31 on 11/10/2019 2:16 PM


So 4 members, 2 of them up for election, so these 2 and one other non-board member running.

If one of the board members who is not running for election this year because that person would be up for election next year decided to quit the board just before the election results are announced, then the 3 running are automatically on the board if they are willing to serve. right?

I am probably am answering my own question but just want to be clear.





1. Open positions 2 and 3 running. An election is needed.
2. Open positions 3 (no matter how achieved) and 3 running. No election needed. Those 3 are on the BOD.
AugustinD


Posts:2096


11/10/2019 4:24 PM  
Posted By RobertW31 on 11/10/2019 12:49 PM
I was wondering if anyone has encountered the following situation or one like it.

We have a 4 member board, 2 of the board members are running for election and a third person is also running for the board.

I was wondering what the process would be if one of the other 2 board members not currently up for election were to resign from the board just before the election results were announced.

Would all three running for election be automatically on the board?


I say no. Had this sudden opening been publicized with proper notice to the membership, a fourth candidate might have stepped up.

At present and in my opinion, the board has three seats filled. Normally when a resignation occurs, the board votes on an appointment. The two folks who were elected and the incumbent third get to decide who the fourth board member is.
KerryL1
(California)

Posts:6735


11/11/2019 8:31 AM  
Totally agree with Augustin. The two elected and the remaining director choose the 4th. It does not at all have to be the 3rd candidate who ran (unless your bylaws say that).

You'd want to publicize the opening to the membership during the time between board meetings, and select a director at the subsequent meeting.

MarkM19
(Texas)

Posts:461


11/11/2019 11:31 AM  
RobertW,
I am surprised that no one has asked the obvious question here. How did your board allow an even number of members? That is extremely strange since most say 3,5,7 or 9 members in bylaws.
ND
(PA)

Posts:376


11/12/2019 8:36 AM  
Posted By MarkM19 on 11/11/2019 11:31 AM
RobertW,
I am surprised that no one has asked the obvious question here. How did your board allow an even number of members? That is extremely strange since most say 3,5,7 or 9 members in bylaws.



I don't think the situation is all that strange. In my experience, some by-laws require a specific number of BOD members (usually an odd number) while others allow for a range (I've seen 3-5, 3-7, 5-7). Many may prefer an odd number to decrease likelihood of tie votes; however, it's not a requirement if docs allow for a range, so having an even number for any period of time is certainly possible and not a huge deal in my opinion.
GeorgeS21
(Florida)

Posts:1531


11/12/2019 8:42 AM  
Agree - while it is certainly better to have an odd number to break ties, an even number in practice is not unusual.
GenoS
(Florida)

Posts:3383


11/13/2019 11:24 AM  
My board's size is 5. For the better part of 2 years we've operated with 4 directors. When the size was 7, we'd frequently get along just fine with 6. In my limited experience, votes split down the middle, where you'd rather have an odd number to prevent a tie, are rare.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Board election question



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement