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Subject: Filling vacancies on Board after COUP DE TAU
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05/26/2006 7:47 AM  
Our by-laws state that The board shall have 3 members at all times, vacancies on the board shall be filled by the developer so long as developer owns any lot in the subdivision (he does not) thereafter, vacancies shall be filled by the remaining board members. In light if the recent COUP DE TAU attempt one of the members has resigned leaving a vacancy. Is it approiate for the 2 remaining board members to fill it? Do we have to call a meeting and have an election? Our by-laws also state that all meetings of the board must give 48-hr notice and be open to the general membership except in emergencies period. There is another paragraph that addresses the attorney client privilege not requiring open board meetings. We (the remaining
2 Members on the board) were lucky enough to find a volunteer and have appointed them and are going to send a letter to the members of the association explaining the situation and calm them down because they have received many notices stuck on there mailboxes by the pretend board stating they are the new board and have put out notices of meetings etc… We have 37 lots in here the trouble makers are 4 lot owners should I be worried or just ignore them. They have certainly caused a fuss!



05/26/2006 12:19 PM  
Darcy, the remaining Board members appoint the Director to complete the remainder of the term of the departed Director. You do not have to have an election, but at the next Board meeting the appointment of the new Director should be recorded in the minutes. Since there is termoil in your HOA in the notice inviting members to the next Board meeting
you could advise on the new Board member.

The way I deal with trouble makers is to be tolerant but firm. As President you chair meetings, therefore it is your option who is acqknowledge to have the floor to speak. So you can stop or at least limit their disruptive meeting activities.
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Forums > Homeowner Association > HOA Discussions > Filling vacancies on Board after COUP DE TAU

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