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Unorthodox Request to join Board as Director


Rocco Tricarico

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Seven Directors Are Allowed by bylaws ... we have been operating quite well with six seats are( filled by Unit Owners).... The Project Owners Staff would like to fill the seventh seat ..... Many Unit Owners believe this action to be a power play to get the tie-breaking vote; and regain some power lost recently when Declarant Lost Control..

We are insisting that since the current bylaws state all directors must be elected, and be Unit Owners, they cannot persist with their action.

Our bylaws are nearing 'Amending Action' which if approved will not permit this from happening. Are we heading for the courts? Or, is there a way to stop this attempt for regaining power ... Owner is without Declarant Control. but, personally PERSISTANT !!!

 

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I'm not sure what Rocco is asking, but if the bylaws say that directors must be elected and must be unit owners then they must be elected and must be unit owners.

It makes a big difference whether the bylaws say there shall be seven directors or there may be seven directors. There is a big difference. In any event, the provisions of the bylaws must be complied with.

I really don't understand the question about amending the bylaws.

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1. It is not clear how there continues to be a vacancy (or a Board one fewer than allowed).

2. "Regaining power" is not wrong if the bylaws are followed.

3. As stated, a key is whether there shall be or may be seven directors. I am a Board member and officer, for example, where the Board must be seven members and any vacancy is to be filled as soon as possible/practical.

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