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Guest Sheri McQuinn

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Guest Sheri McQuinn

My question is regarding unserved term of office of a president of a homeowner's association.  The current president is going to resign and one other board member is also going to resign.  After the remaining board members select prospective board members, from the homeowners in the community, to serve out the remaining term(s) should the prospective board members be voted into office by the remaining board members or should the prospective board members be appointed (without voting) by the board.  The community's governing documents do not address this issue.

Thank you.

Sheri

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When the president's resignation is accepted, the vice president, if you have one, will automatically become president, and the vacancy will occur in the office of vice president.

Whether the board can appoint replacements is a question your bylaws can answer.  If you have no explicit vacancy-filling provisions, check for a clause giving power to your board to handle business matters between meetings of the association as a whole.  That might IMO authorize them accept resignations and fill vacancies, but without reading your bylaws in their entirety, and interpretation by your association, there's no way too tell from here.

If the board does not appear to have the power to accept resignations and replace directors, you will need a special election of the general membership.  Even after that, you may need an election within the board to fill officer seats.  It's not clear from your question whether the board or the general membership normally does that.

Special elections require previous notice, whether held a regular meeting or a special meeting called for that specific purpose, and whether at a board meeting or a general meeting.

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