Richard Brown

Mr. Brown,

I posted previously about Article II Section 4 Vacancies

And our management agent we employ to oversee our Association is emphasizing that they believe that the Director that is appointed or voted in by the remaining Directors still must run for election again at the next Annual meeting and seems to be disregarding the Notwithstanding sentence of serving the term of the Director they are replacing.

Here is the Article II Section 4. Vacancies.

  Vacancies in the Board of Directors caused by any reason other than removal of a director by the Association shall be filled by vote of a majority of the remaining directors, even though they may constitute less than a quorum, and each person so elected shall be a director until his successor is elected at the next annual meeting of the Association. Notwithstanding any provisions herein to the contrary, any director elected to fill any vacancy on the Board of Directors shall serve for the remainder of the term of the director whose vacancy he is elected to fill. Death, incapacity or resignation of any director, or his ceasing to be the sole owner or Co-owner of an apartment, shall caused his office to become vacant. Three unexcused absences from regular or special, properly noticed, Board meetings between annual meetings shall cause a director's office to become vacant if a majority of the remaining directors so vote.

I would respect your view as of your Parliamentary knowledge.

Thank you for your time.

Sincerely,

Al Berger