Guest Frank Wilson Posted September 1, 2011 at 06:01 AM Report Share Posted September 1, 2011 at 06:01 AM QuestionWe will have three vacancies this fall on our board...however we cannot findbut 1 replacement....what do we do??/...not allow people to go off the board....work short handed....keep recruiting.......... Link to comment Share on other sites More sharing options...
Larry Cisar Posted September 1, 2011 at 08:19 AM Report Share Posted September 1, 2011 at 08:19 AM QuestionWe will have three vacancies this fall on our board...however we cannot findbut 1 replacement....what do we do??/...not allow people to go off the board....work short handed....keep recruiting..........Keep recruiting and read your bylaws for the term of office. If the term says something like "or until a successor is elected" people stay on the board until they are replaced. Warn the members that if can't be found, the organization may have to go out of existence -- nothing lasts forever (except the shakes of an earthquake). Link to comment Share on other sites More sharing options...
Guest Frank Wilson Posted September 1, 2011 at 08:08 PM Report Share Posted September 1, 2011 at 08:08 PM Keep recruiting and read your bylaws for the term of office. If the term says something like "or until a successor is elected" people stay on the board until they are replaced. Warn the members that if can't be found, the organization may have to go out of existence -- nothing lasts forever (except the shakes of an earthquake).Thanks..this eems to be what our by-laws say......but how do you decide who must stay if three go and onlyone or two are replaced????? Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 1, 2011 at 08:13 PM Report Share Posted September 1, 2011 at 08:13 PM Thanks..this eems to be what our by-laws say......but how do you decide who must stay if three go and onlyone or two are replaced?????It sounds like you are talking about elections for positions of Trustees, or Directors, or something like that, and not of named officers (president, treasurer, etc). Is that correct? Is it that these three positions are of equal rank and were all elected at the same meeting last time? Link to comment Share on other sites More sharing options...
Guest Frank Wilson Posted September 2, 2011 at 03:33 AM Report Share Posted September 2, 2011 at 03:33 AM It sounds like you are talking about elections for positions of Trustees, or Directors, or something like that, and not of named officers (president, treasurer, etc). Is that correct? Is it that these three positions are of equal rank and were all elected at the same meeting last time?You are correct....I am talking about board members (of a condo ass.) not officers per seso we are talking about 3 elected for two year terms, at the same time...ending in October.....onlyone is an officer...secretary...which can be a dual title for any remaining oradditional director Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 2, 2011 at 05:59 PM Report Share Posted September 2, 2011 at 05:59 PM QuestionWe will have three vacancies this fall on our board...however we cannot findbut 1 replacement....what do we do??/...not allow people to go off the board....work short handed....keep recruiting..........It sounds to me like terms are ending. Are they?I'm not hearing anything about an election, though. How are you finding a replecement without an election? You should follow the election process. Have nominations. Do some voting. Link to comment Share on other sites More sharing options...
Guest Frank Wilson Posted September 2, 2011 at 07:44 PM Report Share Posted September 2, 2011 at 07:44 PM It sounds to me like terms are ending. Are they?I'm not hearing anything about an election, though. How are you finding a replecement without an election? You should follow the election process. Have nominations. Do some voting.Yes the terms are ending...elections are in October...but we have no volunteerswilling to be on ballot....there probably will be one or two nominations from thefloor..........including one who probably would not receive majority vote (of those present,and represented by proxy)We plan to continue "recruiting"...but it looks like we can go forward with asmaller board..........subject to quorum rules of 3 of the authorized 5........My open question is.......how can we decide which odf the "deaprting" "has" to extend their term....if we decide to go this way........as the By-laws suggest.......and knowingfull well we cannot "force" anyone to serve, if they do not want to.........and all of the three leaving.....at this point in time, say they do not want to stay...even to help out for a limited time........Yet the group does not seem dysfunstional...just "used up"....???? Link to comment Share on other sites More sharing options...
Sean Hunt Posted September 4, 2011 at 02:23 AM Report Share Posted September 4, 2011 at 02:23 AM Yes the terms are ending...elections are in October...but we have no volunteerswilling to be on ballot....there probably will be one or two nominations from thefloor..........including one who probably would not receive majority vote (of those present,and represented by proxy)It is not improper for the assembly to elect someone without their consent (and without their refusal). If you do so, then they have the opportunity to refuse when they first find out. This may be effective as in some organizations I've worked with, few people actively want certain positions but many will put in the effort if nominated.We plan to continue "recruiting"...but it looks like we can go forward with asmaller board..........subject to quorum rules of 3 of the authorized 5........If you have a fixed quorum, they will indeed need that many people to participate. If you someone refuses the position in between meetings, then at the next meeting the election needs to be completed. At a meeting, you can postpone the question to finish the election but not avoid it entirely.My open question is.......how can we decide which odf the "deaprting" "has" to extend their term....if we decide to go this way........as the By-laws suggest.......and knowingfull well we cannot "force" anyone to serve, if they do not want to.........and all of the three leaving.....at this point in time, say they do not want to stay...even to help out for a limited time........If your bylaws say that the board has term "for a year or until their successors are elected", then they cease to hold office when the term expires regardless of the availability of a replacement. If they have term "for a year and until their successors are elected", then they do not, and their successors must be elected before their term ends. If this is the case and they wish to resign, the assembly could choose to accept that resignation. Otherwise, the assembly would have to be explicit about whose successor(s) it was electing.Yet the group does not seem dysfunstional...just "used up"....????If this happens, it may be appropriate to reduce operations. If the group can't maintain its present activity level, then you will have to put effort in to either find other members (and saying "the group cannot function without these volunteers" may help, as dreary as it sounds), or try to reduce the scope or dissolve entirely. The last thing that should happen is that the organization just falls apart due to neglect without ever properly dissolving. Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 4, 2011 at 01:37 PM Report Share Posted September 4, 2011 at 01:37 PM My open question is.......how can we decide which odf the "deaprting" "has" to extend their term....So, I gather that you hold elections for these position all on the same ballot, rather than having single-position elections for each. If you did the latter, then it would seem likely you'd be able to perceive the positions as "Director #1", "Director #2" and "Director #3" from the order of holding elections. Thus, if Members A, B and C held the positions respectively, when holding elections for Director 1, if no candidate received a majority of votes (or has no agreeable candidate put up for nomination), then Member A stays on in the position. (Repeat as needed for #'s 2 & 3).But if you elect all three positions simultaneously, and award them to the top three vote-getters (who receive at least a majority of votes, of course), then I'm not sure how you would tell them apart if only one or two candidates present themselves this time around to determine who stays on and who goes. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 4, 2011 at 04:02 PM Report Share Posted September 4, 2011 at 04:02 PM Yes the terms are ending...elections are in October...but we have no volunteerswilling to be on ballot....there probably will be one or two nominations from thefloor..........including one who probably would not receive majority vote (of those present,and represented by proxy)We plan to continue "recruiting"...but it looks like we can go forward with asmaller board..........subject to quorum rules of 3 of the authorized 5........My open question is.......how can we decide which odf the "deaprting" "has" to extend their term....if we decide to go this way........as the By-laws suggest.......and knowingfull well we cannot "force" anyone to serve, if they do not want to.........and all of the three leaving.....at this point in time, say they do not want to stay...even to help out for a limited time........Yet the group does not seem dysfunstional...just "used up"....????Your question seems to hinge on the predetermined fact that the assembly will fail to elect enough board members. The assembly should continue balloting until the positions are filled. A rule that an officer continues to serve until a successor is chosen is not a free pass for an election to be left incomplete. The assembly will decide who stays in office; that's what the election is for. Link to comment Share on other sites More sharing options...
Bruce Lages Posted September 6, 2011 at 12:39 AM Report Share Posted September 6, 2011 at 12:39 AM [If your bylaws say that the board has term "for a year or until their successors are elected", then they cease to hold office when the term expires regardless of the availability of a replacement. If they have term "for a year and until their successors are elected", then they do not, and their successors must be elected before their term ends.I don't believe this is a correct interpretation. This would only make sense if the statement were actually "for a year or until their successors are elected, whichever comes first. RONR, p557, l.1-4 make it clear that officers stay in office until their successors are elected both with the "and until..." phrase and the "or until..." phrase. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 6, 2011 at 12:53 AM Report Share Posted September 6, 2011 at 12:53 AM RONR, p557, l.1-4 make it clear that officers stay in office until their successors are elected both with the "and until..." phrase and the "or until..." phrase.I concur. Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 6, 2011 at 01:00 AM Report Share Posted September 6, 2011 at 01:00 AM QuestionWe will have three vacancies this fall on our board...however we cannot findbut 1 replacement....what do we do??/...not allow people to go off the board....work short handed....keep recruiting..........Please see my reply to a similar question here. Link to comment Share on other sites More sharing options...
Guest Debra Posted September 6, 2011 at 09:22 PM Report Share Posted September 6, 2011 at 09:22 PM Our Treasurer has resigned. Do we have to have a special election to re-fill this position, or can the President appoint someone? Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 6, 2011 at 10:45 PM Report Share Posted September 6, 2011 at 10:45 PM Our Treasurer has resigned. Do we have to have a special election to re-fill this position, or can the President appoint someone?If your bylaws do not include a vacancy-filling provision (which, if they do, you should follow), then a special election is called for. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 7, 2011 at 02:16 AM Report Share Posted September 7, 2011 at 02:16 AM ... or can the President appoint someone?RONR doesn't give him this authority. Check your bylaws. Link to comment Share on other sites More sharing options...
Guest Carolyn Posted August 5, 2015 at 07:37 PM Report Share Posted August 5, 2015 at 07:37 PM We have the same problem. What is meant by the term "Special Election" can the board vote to fill the vacated positions or must we open the vote to the membership? Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 5, 2015 at 07:52 PM Report Share Posted August 5, 2015 at 07:52 PM We have the same problem. Please post your question(s) as a new topic (this thread is almost four years old). Click here for more information. Link to comment Share on other sites More sharing options...
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