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Subject: Board Member Term Disagreement
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Author Messages
JuneC7


Posts:0


07/20/2020 12:55 PM  
Hello to All...

I want to thank everyone who gave me input on the flag flying issue within Churchville Greene.
It has pretty much calmed down and we have allowed the flags to fly on the fact of free speech.
You all were so helpful with your thoughts and suggestions.

We have another issue that is occurring among Board members.

We had 4 Board positions up for renewal in April 2020; 3 decided to stay on; 1 person said they would stay on until we found another member and then step down.
With the Pandemic, our meetings have been a lot of email discussion; 1 meeting outside in the Park, and one in a rented lodge. We have not had a real Annual Meeting.

I was not at the last meeting, but I understand that one of the board members thinks she has found a person who is willing to serve on the team and she was going to
double check with this person to verify that she is willing to come on the team.
Now the one person who had stepped down, who said he would stay until Labor Day, does not want to step down. There is a lot of nasty friction going on at the moment.

With my absence at the meeting, there may not be much I can contribute.

I am afraid that people are going to quit. The Board President has not been too vocal.

Any thoughts?

June


CathyA3
(Ohio)

Posts:1120


07/20/2020 1:36 PM  
Well, you can't force someone to resign. It's not that uncommon for a board member to say "I quit!" and then change their mind afterwards. If your state laws are like Ohio's, as long as the person hasn't put the resignation in writing and delivered it to the Secretary or other board members, then the person is still on the board. If he did put it in writing, you have an open position - the board can appoint him, or the other person, but you do have to take official action.

It's good to have another potential board member waiting in the wings in case someone actually does resign. Many communities have to beg, plead and twist arms to get volunteers.

It seems like people are extra cranky lately, so if it's just that, probably best to let it go. Few of us are at our best thanks to the turmoil created by the pandemic. As long as the bills are being paid, papers are being filed, and your community is being maintained, I'd say you're doing fine.
GeorgeS21
(Florida)

Posts:2902


07/20/2020 2:07 PM  
So, all four board members ran for re-election, or these were on a three year term? Probably doesn't matter to your question, though. If one said they would stay on, then decided to continue, then they are guilty of nothing except not doing what they said they were going to do. I can't see any real harm.

To your point about flags - I'm assuming the flags in question had political messages. If the corporation (HOA) has the CCR-based ability to restrict flags, then they can do so. Nothing to do with free speech, which is an issue between citizens and governmental organizations. In other words, no different than a company telling employees what they cannot say, then firing one for violating that restriction.
KerryL1
(California)

Posts:7397


07/20/2020 3:40 PM  
With Cathy, resignations must be in writing. Usually they must be sent to the Board of directors.

What, Joe, do your documents, probably your Bylaws say about how long terms are? And what happens if there are no candidates when terms expire?

Remind us, June, are you on the Board?

JuneC7


Posts:0


07/20/2020 7:29 PM  
Yes, I am a Board Member. Our terms are for 2 years with staggering years. 4 members were up for re-election in April 2020;
3 members decided to continue on for another 2 years; 1 member wanted to leave but opted to help out by staying on until we found a replacement.
Our formal April meeting is our annual meeting for elections, but was postponed due to the pandemic.

We have a person as a replacement and the Board member who wanted to leave now wants to stay. His term was up in April.

This is our dilemma.

June
GeorgeS21
(Florida)

Posts:2902


07/20/2020 8:04 PM  
June,

I don’t see a dilemma. The fourth did not resign.

I also don’t see how the four members would be continued for an additional two years - wouldn’t you hold elections as soon as you can out together an annual meeting? This can be done via several online tools. - or a meeting held outside with masks.

TimB4
(Virginia)

Posts:16850


07/20/2020 8:37 PM  
June,

Please remember the sites posting rules:

This is a positive place for community association leaders to share ideas and learn. This forum is for community association Boards, Committees, Volunteers & HOA Professionals to discuss topics concerning their association duties.

Topics from individual homeowners, who are not acting as association volunteers, may be addressed if the person has come here to learn in a positive way.

We have only a few other rules:

(1) Post any relevant topic you like, but please keep it clean, helpful, positive and friendly.

(2) No Selling: No solicitation, advertising, or selling of any kind is allowed here, except for occasional announcements from official site sponsors.

(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person.
KerryL1
(California)

Posts:7397


07/21/2020 8:38 AM  
Sorry I got you name mixed up, June.

With George, annual meetings and elections usually are required by your Bylaws. Do thy say that when terms end, directors can simply continue serving without an election?
JohnC46
(South Carolina)

Posts:9678


07/21/2020 8:56 AM  
June

If there is no BOD Election, the existing BOD stays in place until the next election time. Typically this happens a there is not a quorum at the Annual Meeting, thus no election. What with Covid many Annual Meetings have been delayed and not taken place yet. I say in this case, the present BOD stays in place even if their term expired. No election, no BOD change.
GenoS
(Florida)

Posts:3925


07/21/2020 12:31 PM  
The way June described her HOA, and after reviewing its online website, I get the distinct impression that it's run a lot like mine. Very loosey-goosey with scant attention to what needs to be done. The first clue for me was a 9 member Board of Directors.
JohnC46
(South Carolina)

Posts:9678


07/21/2020 2:13 PM  
Posted By GenoS on 07/21/2020 12:31 PM
The way June described her HOA, and after reviewing its online website, I get the distinct impression that it's run a lot like mine. Very loosey-goosey with scant attention to what needs to be done. The first clue for me was a 9 member Board of Directors.




A BOD of 9 is a bit much for 212 private homes.
MarkW18


Posts:1290


07/21/2020 3:16 PM  
There documents are 45 plus years old. Good, bad or indifferent, it says 9 directors. Not sure how many units, but all they need to change the Bylaws is a majority of 10%.
TimB4
(Virginia)

Posts:16850


07/22/2020 3:03 AM  
June's post count has gone to zero.
This typically means that they have left the forum.

GenoS
(Florida)

Posts:3925


07/22/2020 12:05 PM  
I figured she'd be gone quickly.
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