postponed elections due to covid

[Guest PaTrish2905@gmail.com]

Here's the situation.  We have an HOA Board. We meet as Board members each month, with additional meetings when necessary.  We have semi-annual meetings that are open to all, and that sometimes include elections of officers.  We had our Spring annual general meeting scheduled, when the state imposed a quarantine restriction on public meetings.  We cancelled, with the hopes of calling another meeting when possible.  In the meantime the board members agreed to leave the current officers in place until elections could be scheduled.  We scheduled and publicized the new date for the general meeting, to include elections.  Unfortunately, we have now had to cancel this meeting due to Covid cases in the neighborhood.  A homeowner is now questioning our Board decision to leave the officers in place in the interim, stating the offices should be vacant instead, and the Board consist of the remaining 4 members whose terms are not expired.  We plan on trying to put in place a plan for a virtual meeting in the near future, but the person questioning us on leaving the officers in place is insisting that only the 4 members should have a say in the new procedures.  What do you think?  

[Gary Novosielski]

I think the answers to these question will depend on the precise wording in your bylaws regarding the terms of office for your board menbers--specifically looking for phrases that a term ends after a specific time, "or until their successors are elected". 

Terms of office are not defined in RONR, although the methods of describing them in the bylaws is discussed.

[Josh Martin]

13 hours ago, Guest PaTrish2905@gmail.com said:

Here's the situation.  We have an HOA Board. We meet as Board members each month, with additional meetings when necessary.  We have semi-annual meetings that are open to all, and that sometimes include elections of officers.  We had our Spring annual general meeting scheduled, when the state imposed a quarantine restriction on public meetings.  We cancelled, with the hopes of calling another meeting when possible.  In the meantime the board members agreed to leave the current officers in place until elections could be scheduled.  We scheduled and publicized the new date for the general meeting, to include elections.  Unfortunately, we have now had to cancel this meeting due to Covid cases in the neighborhood.  A homeowner is now questioning our Board decision to leave the officers in place in the interim, stating the offices should be vacant instead, and the Board consist of the remaining 4 members whose terms are not expired.  We plan on trying to put in place a plan for a virtual meeting in the near future, but the person questioning us on leaving the officers in place is insisting that only the 4 members should have a say in the new procedures.  What do you think?  

Please answer the following questions:

• Do your bylaws provide that officers serve "until their successors are elected"?
• What do your bylaws say about filling vacancies?
• Is the board still able to meet during this time, either because it is authorized by your bylaws to meet virtually, or because it is able to meet in person due to its smaller size?