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Replacing a Board Member after resignation


Guest Richard

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Our HOA By Laws call for five members for our HOA Board.  One member resigned.  Our By Laws specify the Board may appoint a replacement.  We have a volunteer for the position but have resistance by two member for no valid reason.  A vote on the volunteer ended in a two-two stalemate.  Several other votes during the meeting have ended in a two-two stalemate.  It has become obvious the two members are determined to keep the position empty and stalemate every vote not in their personal best interest.

 

Is there a remedy in RROO? 

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Our By Laws specify the Board may appoint a replacement.  ...

Do your bylaws actually say "may" which suggests there are other options for filling the vacancy besides going through the Board?  If the Board is actually the only available option then I don't think RONR is going to have a "magic bullet" for you.  However, three ideas that come to mind off hand are: 

 

1) Wait until one of the members against the appointment is absent or has left the room and then hold the vote.  However, using such a tactic is likely to cause hard feelings for those two so I would not recommend it.

2) A way to test if those two are actually trying to be obstructionists is to nominate someone that both factions can live with.  If they still vote "no" then you very well may be right and you should see option #3.

3) Wait until elections for the Board come up and then hopefully the log-jam can be broken.

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