Correcting improper procedure

[Guest Tammy]

Hi,  I'm Tammy.   I am a new director, elected to a board of 7, about six months ago.  5 of our directors are new to our board and have never been on a board before.    

Directors are elected at our annual meeting by the membership.  Officers were also elected at the annual meeting.  By the membership.  Members 'ran' for 'office' and certain officers have been elected to the same positions for years and years by the single entity holding the most votes, (in our case) the subdivision developer.   An issue with revenues sent the new  directors searching for  answers. 

In reviewing our documents & state statutes we also discovered (and with help understood) that the directors were to be elected by the membership and the directors were to elect officers at the first BoD meeting after the annual meeting.  Helpful forums such as this affirmed our interpretation of the proper procedure.   It's evident that election procedures for officers was not understood by anyone.  Including me.  We corrected the procedure at the first (ever?) BoD meeting after our annual meeting.  There have been some fireworks.

6 months ago I was elected (improperly) to a full 2 year officer position by the membership.  In correcting the vote, I was elected to a different officer position by the directors, but the position is up for reelection in at our next annual meeting in about 6 months.   3 positions one  year.  4 positions the following year.    

The new directors also discovered why revenues were so low, and the correction has cost the developer an increase in assessment fees.  I'm pretty sure the new directors won't be reelected if the developer has anything to say about it.  (developer released control in 2007).  The least we can do is set the election process right.  

What would be the proper way to conduct the upcoming election to insure that we are compliant beyond reproach?   

Thank you for your time.

 

[jstackpo]

4 minutes ago, Guest Tammy said:

What would be the proper way to conduct the upcoming election to insure that we are compliant beyond reproach? 

Strict adherence to whatever process is (one can only hope) clearly spelled out in your bylaws (no matter what the "subdivision developer" says - do your bylaws (or state law, if appropriate)  really give him/her the authority to hold what sounds like a lot of proxy votes?)

Also RUSH out and buy, for all your board members, copies of

RONRIB:

"Roberts Rules of Order Newly Revised In Brief", Updated Second Edition (Da Capo Press, Perseus Books Group, 2011). It is a splendid summary of all the rules you will ever need in all but the most exceptional situations. And only $7.50! You can read it in an evening. Get both RONRIB and RONR (scroll down) at this link: 

http://www.robertsrules.com/inbrief.html

Or in your local bookstore.
 

[Josh Martin]

2 hours ago, Guest Tammy said:

What would be the proper way to conduct the upcoming election to insure that we are compliant beyond reproach?   

You say that, according the governing documents and state law, “directors were to be elected by the membership and the directors were to elect officers at the first BoD meeting after the annual meeting.” So for starters, you should do that.

Also follow any other rules in your governing documents and state law pertaining to elections, and for what they don’t cover, see RONR, 11th ed., pgs. 430-446 for information on nominations and elections.