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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