Steven H

I think when pushed to put an opinion in writing, with some kind of citation, the attorney isn't going to be able to uphold this opinion, unless the people who asked for this opinion didn't give complete information, but a letter of opinion should cite the information he's basing his conclusion on. Basically, when our board tells us that they feel they can make appointments, were responding with: "Show us why you feel this way."

Let me add one more thing: Our board has consulted an attorney who says they are empowered to make these appointments. We've HIGHLY RECOMMENDED that they get a letter of opinion from the attorney citing the reasons for his opinion before taking this action.

Thank you for your quick response. Yes, our bylaws are specific in defining a quorum as 4. Board members are elected annually by the entire association, with 3-year terms so approx. 1/3 of the board is re-elected each year. I believe our Declaration does allow for special meetings to be called, either by the board (which probably cannot do so without a quorum), or by a specified percentage of the membership. Our remaining 2 board members want to make appointments to hasten the process, but I'm not sure if they can do this. Ultimately, I think we need to amend our bylaws to account for this situation, but right now, we're in limbo. I feel the proper solution is to call a special meeting with whatever notice is required in our governing documents and hold an election at this meeting to fill the vacancies until our next annual meeting, in September.