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What is the transition process from one HOA board to another?

  
  
  
  
  
What is the process for transition from one HOA board to another if there aren't enough people to serve on a board? We never have enough people to have an election in our association, so in the past old board members who wanted to stay on the board stayed on the board and any new people willing to serve just asked to be on the board and were granted that request. This year we are being told that that current board members now have to ask to remain on the board in writing with an "intent" form even though it has been put in writing in emails and in minutes of meetings that they want to remain. Because one of our board members didn't officially fill out an intent form prior the deadline for "intents" but has an intent in electronic forms and in the minutes, they now have to ask to rejoin the board and was told that it is the NEW board members that give the permission. Is this correct? I am confused. The statutes say that if less people are willing to serve than there are available spots, then board members are eligible for the board without an election. Can you explain this? It also discusses nominating people for the board. When does this occur? Thank you
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Depending on what state you live in, call the condo ombudsman's office. We have an incident in this small 15 unit condo whereby most of the owners have all been related and manipulated the voting every year for the past 30 years. That's coming to an end because the state is getting involved in all the illegalities. But also check what your bylaws say. There has to be a section in the bylaws regarding elections.
Posted @ Friday, October 29, 2010 2:31 PM by Katerina
Generally, your Bylaws will state that all directors shall hold office until their successors are elected.  
 
 
 
The proper procedure would be for the director to place their name into nomination in written form at which time their name goes on a ballot. If they don’t, their name should not be placed on a ballot. As you mentioned, you appear not able to hold elections whether by lack of candidates or lack of quorum. Either way, IMO, the director would stay until someone is ELECTED to replace them.  
 
Posted @ Friday, October 29, 2010 2:31 PM by Richard
to the Original poster 
 
you mention the Statutes. Are you in Florida ?? If so FS 718 is very clear on how it works. We need to know in which state you are.
Posted @ Friday, October 29, 2010 7:26 PM by Susana Murray
Yes, we are in Florida. Actually the new statute is not very clear. I have sent a letter to the state for further information, but thought I'd get a quicker answer here from another expert. The statute says that a person can just show desire to be on the board. I don't see where it says there has to be an "official" intent form. Maybe I am missing something. This board member has shown desire, given intent verbally and by email - all prior to the candidate deadline, and also does have an official itent form, but didn't give it to one of the other board members because we hadn't met for our next meeting. Now this board member is being told that because they kept the intent form and didn't turn it in prior to the deadline that it is considered a conflict of interest. How can that be?
Posted @ Thursday, November 04, 2010 10:37 AM by e dlllard
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