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Showing results for tags 'illegal vote'.
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I have read previous discussions but did not find an answer I needed so... bear with me. I am a first year director member of a HOA. After the annual membership (and a vote by membership to elect new board directors members), the new board held a meeting to elect a new chairman. The "old chairman" stepped down and a new chair was elected by the board. Now the "old chairman" was asked by only one board member (it was only them talking) if he would stay on and be secretary, he said yes. The new chairman said that the "old chair" would stay on during the transition from the previous board. He never said that the old chair would be secretary. The "old chair" ended up being secretary. NO VOTE was held to elect the secretary. I repeat.... NO VOTE was held to elect the secretary. Now the secretary is also treasurer, which our by-laws says is ok. And the secretary/treasurer has meet with our lawyer on several occassions. Is this legal that a vote did not take place for the secretary? And should a new vote take place for him/her to be treasurer?
I understand that a voting body can usurp their by-laws if they vote to do so. But if the body does not vote to do so, and the chair allows an illegal vote to be taken and doesn't allow for points of order, then my question has several paths: Is the vote valid and/or binding or is it void? If the vote (highly contested) is allowed to stand - are there legal repercussions?