Election and Appointment of Officers

Nevada

An election took place at our annual meeting with 2 officers having a 1 year remaining in their term two members re-elected and two new members never serving on the BOD. The last position needed to be an appointment as it was vacated by a former Board member who also had a two-year term.

The meeting immediately following the election, the two new members wanted to appoint a specific person to the vacant seat; however after the motion was made and a vote was taken it was a split vote with three votes in favor and three votes opposed. The motion was not passed. The two new members became irate and caused a scene, so the President (President had another year in the term) said they were out of order and asked if there was a motion to adjourn the meeting as all the other topics on the agenda were completed. The motion to adjourn the meeting was made, seconded and again had a split vote. However, due to the commotion the new members were making, the President adjourned the meeting.

The President, VP and another member left the meeting, however the Assoc Manager and the three newly appointmented members remained. These three members (and the CAM) chose to continue the meeting, appointed another person to the Board and elected officers. This ocurred after the current President and VP and another member left the meeting, which did not leave a quorum nor officers to continue the meeting legally.

That was six months ago and a complaint was filed with the Ombudsman's office, but they have not completed their investigation. In the meantime, the newly appointed Board has been controlling our community and everything is deteriorating. The dues has been increased by 30%, landscapers have been reduced, security has had cutbacks,etc. Residents constantly complain, but nothing is getting done.

Any suggestions as a concerned homeowner??

I feel that Directors should always be elected. I'm not sure why there was a need for a motion to fill a vacancy, when there was a meeting where elections were being held for other positions. Most bylaws say a Board member serves until his/her term ends OR until replaced. Check your bylaws under TERMS to see what defines a term.

That partial term vacancy could have been filled by election of the general members to fill it (until the full term was up again.)

Of course, if your bylaws say that vacancies are filled for the ENTIRE remaining term by the Board, then disregard the above post.

Anyway, all business held in an inquorate meeting is null and void.

The presiding officer makes the announcement of the winner. Yes, the unvarnished "results" of the election need to be released. Either announced out loud, or posted on the bulletin board - but revealed to the voting members. It's part of the legal procedures of the meeting.

What happened to the President and VP? How can a Board meeting be held without a Presiding chair (President).

I take it someone or group had to file the complaint. What are they doing? You all need a Town Hall meeting.

Monica use the term "Officers".

I believe she refers to Board members, but it does bring up a question. In our documents there is a section that Deals with "Officers" appointed by the Board. They are not Board members but usually appointed to gather information about specific problems, although no specific reasons are listed in the Documents. We have never used this, probably because the Boards are so entrenched they would not dare to break their mold. But to me, it could make a lot of sense.

Anyone know anything about "Appointed by the Board Officers?"

Our HOA elects officers FIRST, then 5 at-large directors. It's crazy - what if no one wanted to run for Secretary? (which DID happen 4 years ago)

I think the best thing is to elect the entire Board, then let them hammer out the officer positions with their own election. Every person who desires to be on the Board better be ready to assume an officership position.

Robert - please double check your copying of the bylaw. I can't imagine what that means.

How can the Board "elect" non board members as "officers" to do board duties?