Filling a vacancy on a HOA Board of Directors

[Guest leann_alexander@yahoo.com]

What is the protocol when replacing a vacancy at a Homeowners Board of Directors, there are 2 canadiates and the vote is tied?

[Edgar Guest]

Vote again. And keep voting until someone is elected.

[DanielEHayes]

So steel caged death match is out I guess.

[Gary Novosielski]

So steel caged death match is out I guess.

That would be prohibited, but if it's authorized in your bylaws, that would supersede the rule in RONR.

[Hieu H. Huynh]

Well, if the bylaws do not require that the vote be taken by ballot, the rules could be suspended to allow it.

[Dan Honemann]

Well, if the bylaws do not require that the vote be taken by ballot, the rules could be suspended to allow it.

 

It would appear that the vote is being taken by ballot, don't you think?

[DanielEHayes]

That would be prohibited, but if it's authorized in your bylaws, that would supersede the rule in RONR.

I think I see a definite amendment at the next convention.

[Hieu H. Huynh]

It would appear that the vote is being taken by ballot, don't you think?

 

Yes it is. I got caught up in the whole steel caged death match thing and thinking how attendance would be up... quorum could be met...no need for proxies or voting by mail...

[Gary Novosielski]

Yes it is. I got caught up in the whole steel caged death match thing and thinking how attendance would be up... quorum could be met...no need for proxies or voting by mail...

 

I'm wondering about the "two canadiates".  Why should being from Canada disqualify someone?

[Shmuel Gerber]

I had thought that ballots are little slips of paper on which the members indicate their preferred candidate or choice, so I am totally confused now.

I just hope it was specified that the survivor of this death match is the one who gets the office, otherwise it is going to remain vacant.

[DanielEHayes]

I had thought that ballots are little slips of paper on which the members indicate their preferred candidate or choice, so I am totally confused now.

I just hope it was specified that the survivor of this death match is the one who gets the office, otherwise it is going to remain vacant.

Always the minutia.

[Guest leann_alexander@yahoo.com]

Would it be appropriate if the Board of Directors cannot break the tie to then suggest an all out election with the homeowners?

[Josh Martin]

Would it be appropriate if the Board of Directors cannot break the tie to then suggest an all out election with the homeowners?

 

We don't have enough facts to answer this question. What do your bylaws say about filling vacancies?

[leann_alexander@yahoo.com]

Thanks Josh the bylaws say the BOD must nominate someone to fill the vacancy.  When a canididate is nominated must the person nominating them vote for them?

[Edgar Guest]

When a candidate is nominated must the person nominating them vote for them?

 

No. Just as the maker of a motion doesn't have to vote in favor of the motion. 

 

But it's expected that a member who makes a motion thinks it should be adopted.

 

And I think it's expected that a member who nominates a candidate thinks that candidate should be elected.

 

In both instances the maker/nominator is free to change his/her mind before voting.

[Edgar Guest]

 

Now that you're a member (Welcome!), you might want to change your display name to something other than your e-mail address. Click on your profile in the upper right corner of this page. Then click on "Edit Profile". Then click on "Display Name".

[Josh Martin]

Thanks Josh the bylaws say the BOD must nominate someone to fill the vacancy.

That's it? Does it also say that the board actually fills the vacancy, or does the board simply make the nominations and then some other body fills the vacancy?

When a canididate is nominated must the person nominating them vote for them?

No.

[Guest Bill]

I am stepping down from my Hoa Board as president, creating a vacancy on our 5-person Board of directors. The remaining 4 members are all up for re-election as well. They all would like to stay on and are seeking re-election. How should the election be held? Specifically:

1. Should my president position be filled first and should I call for candidates for president or just for a vacant Board position?

2. Since the other remaining 4 members want to stay on, should I ask the membership to vote on each position (2 Vice President, secretary, and treasurer?) or are the members just running for an open board position without title? And which board member should be voted on first? Alphabetical order? For example, what if there is only one person that would like to be elected to the Board, who should he run against? Ideally, it would be great if no one wants to run, and we can re-elect all 4 current members. Then we only need 1 election - that of president (because none of the 4 board members want the president job).

Thanks for your responses.

[Hieu H. Huynh]

Guest_Bill, please post a new question as a new topic instead of adding to an existing thread. Think of this thread as Guest_leann_alexander's thread. This way, the answers to your question will not be confused with the answers to the question that Guest_leann_alexander had, especially if they're completely different situations, and Guest_leann_alexander comes back with follow up details or questions to the original topic.

 

Guest_Bill, you can post a new question by going to the General Discussion forum and clicking on "Start New Topic" near the upper right hand corner.

[leann_alexander@yahoo.com]

Thanks Edgar for the tip on the name display.

 

Josh it actually says "Vacancies occurring between annual meetings of the membership shall be filled by the remaining Board members for the remainder of the unexpired term of the vacant directorship."  Then further down it says " A vacancy in any office may be filled by appointment by the board.  the officers appointed to such vacancy shall serve for the remainder of the term of the officer being replaced."

[Josh Martin]

Josh it actually says "Vacancies occurring between annual meetings of the membership shall be filled by the remaining Board members for the remainder of the unexpired term of the vacant directorship."  Then further down it says " A vacancy in any office may be filled by appointment by the board.  the officers appointed to such vacancy shall serve for the remainder of the term of the officer being replaced."

 

Thank you. Based on these additional facts, it would not be in order for the board to adopt a motion to fill the vacancy by "an all out election with the homeowners." If the bylaws provide that vacancies are filled by the Board of Directors, then that is what must be done.

 

The board could, I suppose, poll the homeowners to gauge their opinions on the subject, and the board members would be free to take those opinions into account when casting their votes.

[leann_alexander@yahoo.com]

Ok well tonights the BOD meeting so we shall see what happens this evening. 

[leann_alexander@yahoo.com]

Since I last wrote things have changed.  We had 3 candidates 1 received 0 votes the other 2 were tied.  As of today the candidate with 0 votes withdrew and 1 of the tied candidates withdrew.  So as I understand the last candidate fills the vacancy.  Please confirm.

 

Thanks

[Edgar Guest]

We had 3 candidates 1 received 0 votes the other 2 were tied.  As of today the candidate with 0 votes withdrew and 1 of the tied candidates withdrew.  So as I understand the last candidate fills the vacancy.  Please confirm.

 

You'll need to vote again to elect the remaining candidate. Or someone else.

 

What if the two candidates who were tied had withdrawn. Would the candidate who received no votes fill the vacancy?

[Richard Brown]

Since I last wrote things have changed.  We had 3 candidates 1 received 0 votes the other 2 were tied.  As of today the candidate with 0 votes withdrew and 1 of the tied candidates withdrew.  So as I understand the last candidate fills the vacancy.  Please confirm.

 

Thanks

 

You'll need to vote again to elect the remaining candidate. Or someone else.

 

What if the two candidates who were tied had withdrawn. Would the candidate who received no votes fill the vacancy?

I agree with Mr. Guest.  The Board still needs to make the selection.  No one gets in automatically by default.  Who knows: there might even be write in votes for someone else.  Or, if your rules allow it, someone new might be nominated.  Or the one candidate still standing might be elected by acclamation.  You still need to go through the motions.