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Is HOA board election required if only current members are running?

Posted on Thu, Oct 09, 2014 @ 02:22 PM
HOA board election required resized 600

We are an HOA community of 23 townhomes in New Hampshire.  There are five members on the board of directors, and members serve two-year terms once elected.  There are three open seats this year, and yesterday was the cutoff date for owners to announce if they were going to run.  The only candidates running are those current board members whose terms are expiring.  Are we required to hold an election?  Thanks in advance.

8 Comments Click here to read/write comments

How does a condo association or HOA elect board members?

Posted on Thu, Jul 24, 2014 @ 07:50 AM
condo board vacant seats 072414 resized 600

Our condo association was formed four years ago, with an initial 36 units and another 36 units to be added. Our condo association bylaws call for a total of 5 directors for the first 36 units, and a total of 7 directors once the additional 36 units are added.

The other 36 units were just built, requiring that the two board vacancies be filled. Does the condo association board appoint the two vacancies until the next association meeting in May when a nominating committee nominates the board members to be elected at the annual meeting, or do we just stick with the board members that the board appoints until their term is up? I can't seem to find anything on this in Robert's Rules.

10 Comments Click here to read/write comments

What counts as a no-vote in a condo association or HOA election?

Posted on Fri, Jun 20, 2014 @ 07:29 AM
If someone decides not to vote in an HOA or condo association election is it considered a no vote?

9 Comments Click here to read/write comments

Does condo or HOA board appoint nominating committee?

Posted on Fri, Apr 04, 2014 @ 07:31 AM
Does the Board of Directors appoint the Nominating Committee, or is it the responsibility of the Association to do so? It seems to me that the association should be responsible, since it is the association's duty to elect the Board of Directors.

4 Comments Click here to read/write comments

Can condo association nominate directors twice?

Posted on Fri, Jul 19, 2013 @ 08:09 AM
Our annual Board election is coming up and we have an unusual situation. Our Bylaws state that the nominations must be closed at the board meeting prior to the election, so that absentee ballots can be made available. This year, after nominations were closed, and after the meeting had been adjourned, a board member who was to remain on the board for another year resigned. This left us with 5 open seats instead of 4. We have a 7 member board and the election is staggered so that 4 are elected one year and 3 the next, for two year terms. Is it okay to re-open the nominations at a specially called meeting and nominate another person to the roster? (We had only the required number interested in running, 4 members for 4 spots.) We have since found a member willing to run for the 5th spot. Are we handling this correctly?

8 Comments Click here to read/write comments

What are typical condo or HOA board term limits?

Posted on Mon, Jun 17, 2013 @ 06:33 AM
I live in a condo located in Florida and I have a question about term limits for our board members. An owner was informed by a private attorney, that we can petition two years limits for board members, and have them retroactive if voted on by all 430 owners and won by majority. We had 51 owners sign this petition as stated above and summited the paperwork to the condo manager for a vote. It was reviewed by the condo attorney and was shot down because you can not retroactive board members who are already voted on the board. Is there a law/state statute somewhere that I can refer to in regards to this issue? The condo attorney did not give us any references to support her decision. Our present board has become a dictatorship

19 Comments Click here to read/write comments

Condo association board mismanages election process

Posted on Thu, Apr 18, 2013 @ 07:08 AM

Since last October, I've been trying to persuade our BOD's to amend our bylaws pertaining to our officers, length of term, number of officers, removal & replacement, etc.. Recently, the statement below was sent to me by our President. "As of today (December 18, 2001) the elected members of the board have replaced the developer, John Doe (developer representative) has a seat on the board as discussed during this transition. The board has determined that the annual meetings will be in November. Board seats are for three year terms. In the case where a member resigns, the board may appoint a member to fill that seat until the next election Elections will be held at the annual meeting. Qualifications for board seats will be determined at a later date". Sincerely, Larry, Moe and Curly Homeowners Association.   Recently, I requested from our President a copy of the above statement for examination, he emailed me a copy of the statement and added the following remark. "This was per bylaws for "original board". To date, this has worked well and has never been changed". The copy that was emailed to me shows no ones signature other than the Association name in place of a signature. Because, it has no signatures and not been notarized or recorded within our Master Deed, is it fair for me to assume, this is a worthless piece of paper. I'm open for any suggestions that would give me more basis to get my point across to the BOD's. The President is a very difficult person to deal with.

9 Comments Click here to read/write comments

Condo association president and vice-presidents elect themselves

Posted on Fri, Mar 01, 2013 @ 07:55 AM

I am in a condo association of 36 condo owners. Last week we had our association meeting which elected three new board members. I asked the president of the association at the last meeting if there would be a nominating committee. He informed me there would not. When I got to the association meeting I find out that the president and vice-president were the nominating committee. Can someone please comment on the ethics of this?

8 Comments Click here to read/write comments

How many votes does our condo association really need?

Posted on Tue, Jan 08, 2013 @ 08:33 AM

Our condo association needs to  vote. To pass the vote, we need "at least 2/3 (66.67%) of the owners".  We are 11 owners. At first, the board and homeowners agreed on 8 owners (8/11=72%) but now, the lawyer says 7 (7/11=63.63%) is fine too (or 8 is fine too). Real number is 7.33. It is a critical number for a critical vote and 2 numbers seem fine. Any comments?

10 Comments Click here to read/write comments

How do staggered election terms for condo board members work?

Posted on Mon, Oct 15, 2012 @ 03:05 AM
Our HOA board has proposed an amendment to the by-laws to stagger the terms of our 5-member board beginning with 1 having a one year term, 2 having a 2 year term and 2 having a three year term, thereafter every election would be for a 3 year term. This amendment has been challenged by a homeowner citing NY condo association law 9b stipulating at least one-third of board members terms must expire annually. With a five member board, you would have to elect 3 one year and 2 the next for staggered terms. Is an amendment to the bylaws possible for the 1-2-2 staggered term format?

6 Comments Click here to read/write comments

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