Motion to remove entire board

[Guest Debbie Chaney]

At annual HOA Meeting, elections were held to fill one vacant board seat and two other seats that were up for re-election. After the votes were tallied and the new board members announced, a homeowner made a motion to remove the board in its entirety. While the ballots to vote on that motion were being collected, two police officers announced that our time was up and everyone was ushered out of the room. The meeting had to be suspended and will be reconvened later this month. Here are my questions:

1) Do we need to conduct another election with Ballots that read "Remove all of the current Board members"?

2) What are the conditions of the reconvened meeting? Is it necessary to include a ballot with the notice to reconvene?

3) If new homeowners attend the meeting that weren’t at the original Annual Meeting, are they entitled to vote?

4) Do the proxies that were received at the original Annual meeting carry over to the reconvened meeting?

5) If someone attends the reconvened meeting that was only present by proxy at the original Annual meeting, is their proxy voided at the reconvened meeting?

6) Does a homeowner have the ability to obtain new proxies between now and the date of the reconvene?

[jstackpo]

Presuming  -- and this is a big presumption  --  that a membership meeting has the power to remove all board members (or any board member) without any advance notice  (See RONR p. 574 & 653 for the requirements; look at your bylaws, too), then...

 

1), 2), 3)  Were the ballots all collected and safely retained?  If they were, count them, and "No" answers your first question, and the others (implicitly) as well.  (But ALL members can vote at any meeting whether they were at previous meetings or not.)

 

4), 5), 6)  Proxies are not allowed, nor discussed much per RONR (no how-to rules are given), unless you authorize them in your bylaws.  If you do then, the bylaws should have rules that answer these questions.  We can't do so here.

[Gary c Tesser]

Wow.  I'm gonna move there just to vote for Debbie Chaney!

 

1.  I don't think so.  I think the election is basically a done deal (with some minor points).

 

2a.  Oh oh oh.  If, before you were unceremoniously ousted from the room by the uniformed minions of the ruling class, you didn't have a chance to set up an "adjourned meeting" (a continuation), then, unless your HOA's own rules (or maybe the law) provides for reconvening (good word!), I don't think you legitimately can:  you would have to wait for the next regular meeting.

 

2b.  But let's say you can have a legitimate adjourned meeting.  "an adjourned meeting takes up its work at the oint where it was interrupted in the order of business or in the consideration of the question that was postponed ... [RONR, 11th Ed, p 94, lines 11 -13] "  Your case is problematical, because you were (unceremoniously!) interrupted in the middle of a process.  So the item of business that you start with (after reading the minutes of the first meeting) is the motion to remove the board.  And, since you say that the interruption happened "while the ballots to vote on that motion were being collected," I'd say that you really have to dump this half-done balloting and start the vote from scratch.

 

2c.  But, you didn't specifically ask this, but I'll consider it covered in your asking about the conditions in the second (reconvened) meeting:  be sure that it actually is in order to remove those officers (and/or directors) this way.

 

2d.  No, leave the ballots out of the notice for the reconvened meeting.  Just distribute them at the meeting, as usual.

 

(2e.  I suspect I'm leaving something out.)

 

3. Yes of course.  (That's assuming that homeowners = members.)

 

4.  Sorry, but please see FAQ 10, about proxies, at wwww.robertsrules.com/faq.html#10

 

5.  See FAQ #10 also. But if you're asking whether such a person gets two votes, one in person and the other by proxy, I tend to doubt it.

 

6.  Also FAQ #10.  But I don't see why not.  Also, not just the ability, but also the right.

[Gary c Tesser]

O John.  Our first quarrel.

[Josh Martin]

At annual HOA Meeting, elections were held to fill one vacant board seat and two other seats that were up for re-election. After the votes were tallied and the new board members announced, a homeowner made a motion to remove the board in its entirety. While the ballots to vote on that motion were being collected, two police officers announced that our time was up and everyone was ushered out of the room. The meeting had to be suspended and will be reconvened later this month. Here are my questions:

Well, we may be getting ahead of ourselves. It may not be proper to remove board members in this fashion to begin with. Do your bylaws prescribe a method for removing board members? If not, how is the term of office defined? Depending on these details, all of your other questions may be moot.

[Gary c Tesser]

Well, we may be getting ahead of ourselves. It may not be proper to remove board members in this fashion to begin with. Do your bylaws prescribe a method for removing board members? If not, how is the term of office defined? Depending on these details, all of your other questions may be moot.

 

This isn't my item 2c?

 

(O, I see now.  You're starting fresh.)

 

[Edited to add epiphany]