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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?

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Why not make the whole thing simpler by establishing a staggering two year term. First year you elect 2 people for one year and 3 people for two years. After that every year you elect either two or three people. That rule would meet the NY regulation and simplify how you run your elections.

posted @ Monday, October 15, 2012 4:15 AM by Jeff Ross @ hoacorner.com

Based on what you have said is applicable NY law (and I am not licensed in NY), you could not have only one seat expiring. You would need to have a 2-3 or 3-2 split. The term length doesn't matter as long as some are for one year longer than the others to set the stagger.

posted @ Monday, October 15, 2012 4:35 AM by Sara Austin, Esq.

Our five person board works like this: For example; Year One-One person elected for three years; Year Two-Two persons elected for three years and Year Three-Two persons elected for three year and then the cycle is repeated.

posted @ Monday, October 15, 2012 6:16 AM by Frank - MA

NY Law doesn't limit you to 5 Board members. 5 is the minimum, but you can have up to 9. Why not add at least 1 more member and then you can have 3 seats up for election each year.

posted @ Monday, October 15, 2012 7:15 AM by Howard

Staggering Director terms is a fantastic idea. This allows the new Directors to get up to speed quicker because of the remaining Director's familiarity with the volunteer position for your HOA. 
Because of your state law, you will need to bring up the total number of Directors to six. This will require a bylaw change. 
Changing you bylaws to reflect the staggered term is not necessary thing to do to accomplish staggering. All you have to do is announce to the membership that at the next annual meeting that they will be voting for six Directors and that they will have one of three term lengths which will permit staggering in the future. Now if you want to put each candidate into a specific term length prior to the election or later at the first Director meeting, that is up to the Board. For elections following this election, Directors will be elected to three year terms thus achieving your goal of only two new Directors per year in infinitum while adhering to state law.  

posted @ Monday, October 15, 2012 8:08 AM by Ron

Can Florida Condo Assoc have write in candidates for board even though these persons terms have expired and there are enough new persons running? Also, if we have five vacancies and five new people run for board, do we have to have an election or do these get in automatically?

posted @ Tuesday, October 16, 2012 1:15 PM by Aggie

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