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Condo association needs to understand board election fundamentals


Question:

My question is that five of the current Board Members have exceeded their terms of 3 plus years. I told them they must re-run if they wanted to be re-elected. I am in a condo association that has 111 units. The first board of directors was formed in 2007 consisting of 9 board members, following the departure of the Developer and Sponsor. We are in the process of having a Annual Election October 2011 on our Anniversary Day. As President of the Association to date. I stated to the to the 5 board members their 3 plus years have expired. At a previous meeting I said to them, that they have to re-run if they want to remain on the board. Of cause there is no guarantee they will be re-elected. Being that other community homeowners will be on the ballot. They are saying and contesting I can't do that. I reminded them that it's not what I say. I told them the only thing that matters is that we must do as the by-laws say. It states that in any event at least one-third (1/3) of the terms of the members of the Board of Managers shall expire annually. In this case it is at least 5 members. Our By-Laws has it staggered terms. 3 board members for 3 years, 3 board members for 2 years, and 3 board members for 1 year. Last year 2010 I argued the point that all nine board members are to re-run. Because it was not done properly in the first place. The board contested that we need constituency on the board and need board members to remain. Their reasoning is that an entire new board of 9 would not be experience enough and wouldn't know where to begin. As it turn out in 2010 Election, 2 board members step down and 2 Board Members re-ran for election. I was not President at this time, but opted to re-run. As it turn out, I was re-elected for 3 years and the current board voted me as President. Currently, the only legitimate board members consist of 4 members who were elected last year. 3 members was elected for 3 years and the 4th was elected for 2 years. As it will, with 5 elected board members this 2011 Annual Election. It stands to rebalance the terms. 3 newly elected board members that gets the highest votes will get a 3 year term. And the final 2 will be elected for 1 year. Reason being, is the current 4th board member will have to re-run next year 2012, along with the 2 members that are voted in this years election 2011 for one term. Then the following year 2013, 3 board members will have to re-run if they want to possibly be re-elected. In 2013 I, myself will have to re-run., along with 2 other board members. Now we are back in balance in 2013. Thus, from here on, who ever get elected will have a 3 year term. Let me conclude, that if everything was done right from the beginning, I would not be writing all this stuff. I am simply trying to make things right... PLEASE SUBMIT YOUR COMMENT. IT WILL BE WELL APPRECIATE. If their are any questions regarding the above, I will be glad to answer them to the best of my knowledge and ability.. Thank You JHB 09-03-11


Answers (8)

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