Guest Linda C Posted February 7, 2018 at 03:24 PM Report Share Posted February 7, 2018 at 03:24 PM Our Annual HOA meeting will take place with voting to replace 2 of our 5 members. In addition an Official Recall is pending for 2 other members whose terms are not up, one is our President’s seat. Can Recall and newly nominated members take place during annual HOA meeting? Will current President still control this meeting? Or does newly nominated take control? Quote Link to comment Share on other sites More sharing options...
J. J. Posted February 7, 2018 at 04:00 PM Report Share Posted February 7, 2018 at 04:00 PM 21 minutes ago, Guest Linda C said: Our Annual HOA meeting will take place with voting to replace 2 of our 5 members. In addition an Official Recall is pending for 2 other members whose terms are not up, one is our President’s seat. Can Recall and newly nominated members take place during annual HOA meeting? Will current President still control this meeting? Or does newly nominated take control? Elections take effect immediately, unless your bylaws say otherwise, and if the person being elected does not object, or has given previously to being elected (p. 444, ll. 16-20). If the member is not present and did not consent to being elected, then it would be effective when he's notified of the election, unless he immediately declined. Basically, if the person has consented to being elected, and unless the bylaws say otherwise, he takes office when elected. I have no idea what your bylaws say or if the people consented. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted February 7, 2018 at 04:02 PM Report Share Posted February 7, 2018 at 04:02 PM Presuming your HOA has no special "recall" rules, the RONR rule is: The presiding officer, i.e., the current president, presides until such time as he/she is no longer in the office, or the rule is temporarily suspended (p. 15 & p. 260) for a single meeting. Quote Link to comment Share on other sites More sharing options...
Bruce Lages Posted February 7, 2018 at 04:34 PM Report Share Posted February 7, 2018 at 04:34 PM As to your first question - 51 minutes ago, Guest Linda C said: Can Recall and newly nominated members take place during annual HOA meeting? Do you mean nominations for the open positions, or election of the nominated members? Either way, nothing in RONR would prevent these items from being brought up at the annual meeting. Your association rules should probably describe any specific business that is to be conducted at the annual meeting, including whether the items you mention require previous notice. RONR requires previous notice for an election; such notice can be given in the call for the meeting or by your bylaws specifying that elections take place at the annual meeting. Is there some specific issue as to whether these items can be brought up? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 7, 2018 at 04:56 PM Report Share Posted February 7, 2018 at 04:56 PM (edited) I'm not sure I understand exactly what is going on. Guest Linda, is the president's term expiring at the annual meeting? If so, why are you trying to recall him when his term will be ending automatically? If he has another year to serve, then the recall makes sense. However, if you are recalling him before his term is up, and if you expect to fill that vacancy at the annual meeting, previous notice of the fact that there might be a special election for President (or for vice president, if he will be assuming the presidency) probably needs to be given to the members. The same thing goes for filling the vacancy in the director's position for the director who might be recalled. Edited to add: I am assuming that you do not have a special provision in your bylaws for filling vacancies. If you do, then those procedures would take precedence. Edited February 7, 2018 at 04:58 PM by Richard Brown Added last paragraph Quote Link to comment Share on other sites More sharing options...
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