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filling a board vacancy


inthedark

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HOA board member resigned.  Next in order of candidates with most votes initially accepted nomination to vacancy then declined.  Next in order of most votes notified of pending nomination when original nominee rescinded acceptance.  One board member opines "rescindee" should now go to the end of the line of potential nominees.  HOA governing documents silent on subject.  Any suggestions on appropriate process to be followed?

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Yes - forget the process you seem to be trying to follow. The number of votes received in any previous election for this position are completely irrelevant. If your bylaws specified a procedure for filling a vacancy,  you would follow that procedure. If, as you say, there is no bylaw-defined method, you hold an election by the same body that elected the board member in the first place, after taking nominations from the floor. A majority vote is necessary to be elected, with the person elected serving the remainder of the resigned member's term.

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