Replacing a board member who resigned.

[charles genter]

A member of the board resigned and the board appointed a new member for the remainder  of that term.

 

A member of the board stated that Roberts Rules of Order states that the board goes back to the last annual meeting and appoints the homeowner who had the most votes who did not get elected. The board did this. After the meeting, I asked the board member what rule it was and they stated #66 Nominations and Elections. Common sense says that's not the way it should be done. Is there any rule that states you go back to the last annual meeting??? If there isn't then the board member should resigned or be fired.

[Josh Martin]

A member of the board resigned and the board appointed a new member for the remainder  of that term.

 

A member of the board stated that Roberts Rules of Order states that the board goes back to the last annual meeting and appoints the homeowner who had the most votes who did not get elected. The board did this. After the meeting, I asked the board member what rule it was and they stated #66 Nominations and Elections. Common sense says that's not the way it should be done. Is there any rule that states you go back to the last annual meeting???

No, there is no such rule. Your board member appears to be referring to Section 66 in the 4th Edition of ROR (which was written in 1915), but it says no such thing - nor does the current edition.

If there isn't then the board member should resigned or be fired.

No. While there is no rule which requires the board to appoint the runner-up, there is also no rule which prevents the board from doing so. (Assuming, of course, that the board is authorized to fill vacancies in the first place.)

[Hieu H. Huynh]

A member of the board stated that Roberts Rules of Order states that the board goes back to the last annual meeting and appoints the homeowner who had the most votes who did not get elected. The board did this. After the meeting, I asked the board member what rule it was and they stated #66 Nominations and Elections. Common sense says that's not the way it should be done. Is there any rule that states you go back to the last annual meeting??? If there isn't then the board member should resigned or be fired.

 

There is no such rule in RONR.

[Kim Goldsworthy]

Section 66 in R.O.R. Fourth Edition is in the public domain.

It is one page long.

 

***

 

66. Nominations and Elections.
 
Before proceeding to an election to fill an office it is customary to nominate one or more candidates.
This nomination is not necessary when the election is by ballot or roll call, as each member may vote for any eligible person whether nominated or not.

When the vote is viva voce or by rising, the nomination is like a motion to fill a blank, the different names being repeated by the chair as they are made, and then the vote is taken on each in the order in which they were nominated, until one is elected.
The nomination need not be seconded.
Sometimes a nominating ballot is taken in order to ascertain the preferences of the members.
But in the election of the officers of a society it is more usual to have the nominations made by a committee.
When the committee makes its report, which consists of a ticket, the chair asks if there are any other nominations, when they may be made from the floor.
The committee's nominations are treated just as if made by members from the floor, no vote being taken on accepting them.

When the nominations are completed the assembly proceeds to the election, the voting being by any of the methods mentioned under Voting, [46], unless the by-laws prescribe a method.
The usual method in permanent societies is by ballot, the balloting being continued until the offices are all filled.

An election takes effect immediately if the candidate is present and does not decline, or if he is absent and has consented to his candidacy.
If he is absent and has not consented to his candidacy, it takes effect when he is notified of his election, provided he does not decline immediately.

After the election has taken effect and the officer or member has learned the fact, it is too late to reconsider the vote on the election.
 
An officer-elect takes possession of his office immediately, unless the rules specify the time.
In most societies it is necessary that this time be clearly designated.
 

[charles genter]

The board member who quoted Roberts Rules of Order  was quoting the 11th edition page 467.

 

I do not understand. Please help

[Hieu H. Huynh]

Does the board have "full power and authority over the society's affairs between meetings of the society's assembly" (quoted from p. 467)? If so, the board can fill vacancies. It may be the case that the vacancy was filled with a person who just happened to get the second most votes at the election. This person doesn't get the position automatically because of that fact.

[Josh Martin]

The board member who quoted Roberts Rules of Order was quoting the 11th edition page 467.

I do not understand. Please help

Well, in that case, I don't know why he called it "#66," but there is nothing on that page which supports the board member's point of view.

There is no rule in RONR which requires the board to appoint the runner-up, but if the board is authorized to fill vacancies, there is also no rule which prohibits it.

[Gary Novosielski]

A member of the board resigned and the board appointed a new member for the remainder  of that term.

 

A member of the board stated that Roberts Rules of Order states that the board goes back to the last annual meeting and appoints the homeowner who had the most votes who did not get elected. The board did this. After the meeting, I asked the board member what rule it was and they stated #66 Nominations and Elections. Common sense says that's not the way it should be done. Is there any rule that states you go back to the last annual meeting??? If there isn't then the board member should resigned or be fired.

 

The member was full of baloney.  Members who were not elected at the last annual meeting might not even have achieved a majority, and perhaps for a very good reason.  There is no such rule as he claims there is.  Never believe anyone who tells you RONR says so, unless they can show you the page and line where it says so.  

 

However, since there is also no rule preventing the board from appointing such a person, and since they actually did, that decision stands.  The fact that they did so based on misinformation should be a lesson to them not to be so gullible.

[Guest charles genter]

The member was full of baloney.  Members who were not elected at the last annual meeting might not even have achieved a majority, and perhaps for a very good reason.  There is no such rule as he claims there is.  Never believe anyone who tells you RONR says so, unless they can show you the page and line where it says so.  

 

However, since there is also no rule preventing the board from appointing such a person, and since they actually did, that decision stands.  The fact that they did so based on misinformation should be a lesson to them not to be so gullible.

 

Gary states that the decision stands.even though a board member gave misinformation to the board prior to the appointment. The misinformation let her friend get appointed. Everyone including me said if that's the rule then lets appoint her. Now we find out that's not correct.

 

The question --- does the appointment stand? Can we ask the board member who gave us wrong information. please resign.

[Edgar Guest]

The question --- does the appointment stand? Can we ask the board member who gave us wrong information. please resign.

 

The appointment stands. People make decisions based on misinformation all the time.

 

But the appointed officer could be removed. And the board member who gave you the wrong information could be removed though, unless he was deliberately misleading you, that seems a bit harsh. If you're going to start removing officers based on ignorance you'll soon end up with no officers at all. After all, you didn't know the rule either.

 

As for resigning, that's a voluntary act. So you can ask but he can refuse.

 

In any event, see FAQ #20.

[Kim Goldsworthy]

 

Gary states that the decision stands.

even though a board member gave misinformation to the board prior to the appointment.

The misinformation let her friend get appointed.

Everyone including me said if that's the rule then lets appoint her.

Now we find out that's not correct.

 

The question --- does the appointment stand?

Can we ask the board member who gave us wrong information. please resign?

 

"Does the appointment stand?"

 

Yes.

 

If you could have appointed such a person and not violate your rules, then it makes no difference how mis-informed you were, whether you think you were compelled to do so, or not compelled to do so.

 

You vioated no rule in appointing this person.

So you cannot argue that "We violated a rule in the process, so the apointment must not stand."

 

***

 

Can we ask the board member who gave us wrong information. please resign?

 

You can ask all you want.

The party can just say, "I won't resign."

 

Why should this party resign? -- This party did not violate a rule.

They made a mistake -- a common mistake.

(We get questions like this, reguarly -- viz., "Does the runner up get the office if the original electee resigns early?")

All you had to do is "look up the rule", i.e., delay the filling of the vacancy, for like one hour or so, to do the necessary reseasrch.

 

***

[Guest Cheryl]

What happens when a board member resigns and now the board is split 2 to 2 who they want asa replacement . Does the president of the hoa have another vote ? How does this get resolved?

[RSW]

13 minutes ago, Guest Cheryl said:

What happens when a board member resigns and now the board is split 2 to 2 who they want asa replacement . Does the president of the hoa have another vote ? How does this get resolved?

Unless the bylaws provide otherwise, you re-vote until there's a winner. Nobody gets the ability to cast extra votes due to a tie, but if there's a deadlock that won't break it might be wise to have some conversations about the reasons for the deadlock.

Depending on your bylaws, they could also potentially decide to delegate the vote to the main assembly.

Edited April 16, 2021 at 05:57 PM by RSW

[Richard Brown]

25 minutes ago, Guest Cheryl said:

What happens when a board member resigns and now the board is split 2 to 2 who they want asa replacement . Does the president of the hoa have another vote ? How does this get resolved?

Guest Cheryl, this thread is six years old. In the future, please ask you questions by starting a new topic, even if it seems to fit in with an old conversation.

To answer your question, the remaining board members keep voting until someone changes a vote. As for a couple of alternatives, the board could consider another nominee who might be able to win a majority vote.  Finally, the two competing candidates can agree between themselves that they will flip a coin and that the loser will withdraw. Doing that has to be purely voluntary on the part of the candidates, however. They cannot be forced to do that.

Edited April 16, 2021 at 06:08 PM by Richard Brown
Edited to delete a duplicate paragraph

[Guest Puzzling]

25 minutes ago, Guest Cheryl said:

What happens when a board member resigns and now the board is split 2 to 2 who they want asa replacement . Does the president of the hoa have another vote ? How does this get resolved?

Please start a new topic, but no the president does not get an extra vote (and I do think you missed some other rules as well)

[Richard Brown]

41 minutes ago, Guest Puzzling said:

Please start a new topic,

At this point, since we are already answering her question, there is no point starting a new topic. My request to her, since there had already been an answer to her question,   is to please start a new topic NEXT TIME she has a question. If she starts a new topic now, she will have two threads going on the same issue. The request to start a new topic should be made before people start answering. Her question was simple and has been answered with answers straight out of RONR.

Edited April 16, 2021 at 06:54 PM by Richard Brown
Added last two sentences

[RSW]

1 hour ago, Richard Brown said:

To answer your question, the remaining board members keep voting until someone changes a vote. As for a couple of alternatives, the board could consider another nominee who might be able to win a majority vote.  Finally, the two competing candidates can agree between themselves that they will flip a coin and that the loser will withdraw.

Is it invalid for the board to (effectively) send the vote to the full assembly if they can't reach an amicable solution? Obviously the board would have to do the actual appointment, but it would seem to me that they could easily vote to abide by the wishes of the assembly.

[Josh Martin]

Just now, RSW said:

Is it invalid for the board to (effectively) send the vote to the full assembly if they can't reach an amicable solution? Obviously the board would have to do the actual appointment, but it would seem to me that they could easily vote to abide by the wishes of the assembly.

Yes, the board certainly could seek input from the association's membership, and then choose to elect a person based upon that input.

[Rob Elsman]

This topic is eight years old...just saying. 😊

[George Mervosh]

14 minutes ago, Rob Elsman said:

This topic is eight years old...just saying. 😊

Closer to 6 1/2 but who is counting?   

[Atul Kapur]

Maybe covid-years count double?