Which version of the governing documents apply when a ballot for annual election of directors has been mailed prior to the adoption of new governing documents?
Ballot documents were sent out prior to the annual election stating that nominations from the floor would be accepted. A special meeting was then called, prior to the annual election of directors, where new governing documents were approved. The new bylaws do not allow nominations from the floor but at the annual election, a floor nomination was made. The management agent said that no nominations were allowed but voting members disagree. To make maters worse, no quorum was obtained at this meeting and a new meeting must be held within 30 days.
Our old CC&Rs read identical to the old bylaws regarding the election process. State law said that the CC&Rs takes hierarchy over the bylaws. If state laws also requires that the new CC&Rs be recorded and noticed and they have not been by the time the annual election takes place, does that not mean that the old CC&Rs are applicable? How can rules change in the middle of voting? Would not the date of the ballot notice be the “Date of Record” and that was prior to the newly adopted governing documents?
