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Only one board member...the rest have resigned


Guest Cris H

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Our Homeowners association is supposed to have five board members.  All but one have resigned.  That one person just announced that she is also pulling her name from the upcoming ballot...but it is my understanding that she alone can vote for proxy ballots.  Is this true?  What should be done in this instance.  Our meeting is in 90 minutes (5:30 EST)  I would really love some help prior to heading to the meeting.

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Guest Chris, I have lots of questions but for now the main one is what makes you say that this woman is the only person who can vote proxies?

Another question is when did all of these board members resign? Have their resignations been accepted by the board, assuming the board has the authority to accept them?

BTW, what kind of meeting is at 5:30? A board meeting or a general membership meeting? If it is a general membership meeting, is it the annual meeting?

Others may have different ideas, but if this is your annual meeting for election of board members, I suspect it will be best to proceed with the elections. Unless your bylaws prohibit it, nominations should be taken from the floor and write in baots should also be permitted. 

Some additional information will be helpful.

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2 hours ago, Guest Cris H said:

but it is my understanding that she alone can vote for proxy ballots.  Is this true?

See FAQ #10.

2 hours ago, Guest Cris H said:

What should be done in this instance

Accept the resignations of the board members, provide notice that the vacancies will be filled at the next regular meeting, and then fill the vacancies at the next regular meeting. The body with the power to accept the resignations and fill the vacancies is the same body which elected the positions in the first place, unless your bylaws provide otherwise. Additionally, the board may accept resignations and fill vacancies if the bylaws grant the board full power and authority to act for the association between meetings of the association.

Alternately, if it is time for the regularly scheduled elections, simply proceed with those elections.

Finally, if there is no longer a President or Vice President as a result of the resignations, a Chairman Pro Tempore should be elected. If there is no longer a Secretary, a Secretary Pro Tempore should be elected. These persons would serve for the duration of the meeting or until permanent officers are elected and take office, whichever happens first.

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This is the only meeting of our homeowners association.  Our proxy ballot allows the owner not in attendance to either assign someone to vote for them or gives their vote to the board of directors.  We have had a bad year primarily due to one individual causing problems and everyone is fed up with her and have resigned.  Now she is running for the board.  So...the one member that was vice chairman just announced she is withdrawing her name from the ballot...but she is currently the only board member.  Can we toss out proxies and start as though there is no board at all?  Just what should we do?  (I am only a homeowner and am not up for consideration.) 

Oh...the other resignations have occurred in the past few months.  As far as I know there has been no formal acceptance of the resignations.

 

UPDATE...there were actually two former board members present and active.  They opted to not vote for those absentee ballots assigned to them to vote.  They stated it wouldn't have made a difference.  Thy announced they didn't feel comfortable voting for 20% of the homeowners.  We now have a full board.  Sadly, the one person we didn't want is on it.  With four other strong individuals I believe all will be well.  

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55 minutes ago, Guest Cris H said:

PDATE...there were actually two former board members present and active.  They opted to not vote for those absentee ballots assigned to them to vote.  They stated it wouldn't have made a difference.  Thy announced they didn't feel comfortable voting for 20% of the homeowners.  We now have a full board.  Sadly, the one person we didn't want is on it.  With four other strong individuals I believe all will be well.  

I'm glad it appears to have worked out.  Good luck!  Don't hesitate to come back if you need more help. 

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