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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?

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COMMENTS

I have to assume that the Bylaws do not cover this situation. Typically Bylaws are written such that a Board President can appoint someone to a vacant position to complete a Director's term. 
 
You may want to check your Covenants for any language. Then your state law. 
 
Should none of the documentation cover such a situation, my recommendation would be for the Board President to appoint someone to complete the Director's term. Less messy approach than what you propose.

posted @ Friday, July 19, 2013 8:17 AM by Ron - NC


The by-laws for our condo association have a provision for a Board member's resignation. In our case, the existing Board simply votes on a replacement, who serves until the term of the resigning member is completed. Check your by-laws.

posted @ Friday, July 19, 2013 8:18 AM by CondoinMD


have BOD appoint this person to position for vote. unless your bylaws or other doc's you have do state this is not allowed? - your property manger or mangement company if worth their salt know this, if they are up on your bylaws and documentation/s

posted @ Friday, July 19, 2013 8:31 AM by leeeeeeseee


Ha! 
Where I live , no one pays attention to any of this trivial stuff. You would be lucky to have a fully and legally appointed board. 
Our condo is not in compliance with regard to 2 of the 3 required officers... 
The by-laws are more like guidelines, like in Pirates of the Caribbean. The "crew" , unit owners are illiterate, uninterested and hostile to any suggestion of following the law, master deed and by-laws.

posted @ Friday, July 19, 2013 9:44 AM by John Mastro


Your present board was supposed to attempt to appoint an interim board member, for the next term.....  
Then when the legally appointed time arises, that seat is open to the regular election.. so no , the seat was not supposed to be open for nomination. It is the present boards duty to appoint someone until the next legal election.

posted @ Friday, July 19, 2013 9:47 AM by john mastro


John Mastro or john mastro. One of you really needs to change your alias.

posted @ Friday, July 19, 2013 10:34 AM by Ron - NC


If, according to your bylaws, the nominations must be closed at the board meeting prior to the election, and that board meeting has already taken place, then the elections are closed and no more nominations can be made. The slate is already set. The only way another person may run is if nominations from the floor are allowed. Check your bylaws very carefully. Oftentimes appointments made by the board shall only serve until the next regularly scheduled election. If your bylaws state this then it wouldn't do any good for the board to appoint someone to fill the position. IMO, the best thing to do is to just elect the number of positions on the ballot and after the election the board can nominate that 5th person who is willing to fill the 5th spot.

posted @ Friday, July 19, 2013 10:51 AM by mary


Four candidates for four seats. No mailing of ballots required. The four are automatically elected. 
When the new board holds an organizational meeting, the board can elect a fifth director for the remaining term of the resigning director (probably one year in your case). 
It’s a situation similar to a single director resignation. As long as a majority of the board has not resigned at the same time, the remaining board members can fill the open seats as long as there is nothing to the contrary in your State Statutes or own docs. 

posted @ Friday, July 19, 2013 11:43 AM by RS-FL


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