Board memebr

[Guest Debbie]

1) If a seat is up do they have to apply to reseat?

2) can the board “interview”home owners for a seat on the board?

3) what happens if only one home owner stands to take the seat. Postal voting 

[Joshua Katz]

This sounds like a set of questions related to your own rules, not to RONR. Since we do not know what those rules say, we will be unable to answer.

[Guest Debbie]

I can’t find anything in my rules

[Josh Martin]

13 hours ago, Guest Debbie said:

1) If a seat is up do they have to apply to reseat?

If a person's term of office is ending, and the person wishes to serve another term, the person would need to be reelected in order to serve another term - which I understand to be what you mean by "reseat." What exactly is involved in that will depend upon the particular organization's rules, so I don't think I can definitively answer whether it is required to "apply" for election. RONR does not require that members "apply" - members could simply be nominated from the floor, or the member's name could even be a write-in on the ballot.

What I would say is that, unless the organization's rules provide otherwise, it would seem to me that the organization's rules on the subject apply equally to all persons. That is, I don't think the incumbent would receive any special treatment unless the rules so provide.

13 hours ago, Guest Debbie said:

2) can the board “interview”home owners for a seat on the board?

In the event that the board is either the nominating body and/or the electing body, then the board may carry out those duties in such manner as it sees fit, which may well involve interviewing candidates.

If the board is not the nominating body or the electing body, I suppose it could still interview people, although I'm not sure what the point would be.

13 hours ago, Guest Debbie said:

3) what happens if only one home owner stands to take the seat. Postal voting 

Then presumably that candidate will win, although it is not quite guaranteed. Unless the organization's rules provide otherwise, members may vote for any eligible person, whether or not that person has been nominated.

The threshold for election, unless the organization's rules provide otherwise, is a majority of the non-blank ballots cast. So unless a bunch of people write-in the names of other persons, this person will be elected.

[Guest Debbie]

So basically we got letters asking if anybody was interested on sitting on the board as one seat was coming available.

One homeowner sent a letter in saying yes. 

The position That was going to be filled was the presidents. She interviewed this homeowner. Didn’t appoint her. We didn’t have a postal vote. We haven’t had an annual meeting. So she is still sat on the board.

that was going to be filled was the presidents. She interviewed this homeowner. Didn’t appoint her. We didn’t have a postal vote. We haven’t had an annual meeting. So she is still sat on the board.

 

[Guest Debbie]

She has held president’s position for over 20 years and we have never made quorum 

 

[Atul Kapur]

Do your bylaws give the president the authority to appoint or not appoint people to the board? I am suspicious that this is not the procedure outlined in your documents. 

But enough people are going to have to care in order for the proper rules to be enforced. If you can't get quorum, that suggests this may not be the case.

[Guest Debbie]

Bylaws are silent 

[Guest Zev]

If I understand Guest Debbie correctly, the board of this organization (HOA?) has rendered decisions for twenty years without ever having a quorum. If this is true then it is one of the most extraordinary statements I have ever seen on this forum.

My question: Can HOAs function without a board? Would such a thing be allowed? 

[Brit]

Ive now registered-  Debbie - Brit 

 

its a 269 subdivision hoa. People here are here for the closeness to the highway and we have a high number of renters.

she won’t listen, Managment company is a joke…. The list goes on.

we have a board member that has come to me with these issues as I’m currently studying for my CAM license  

I need to go back to her with the full correct details for her to remove the president 

[Guest Puzzling]

On 6/25/2021 at 2:38 AM, Guest Debbie said:

I can’t find anything in my rules

As it looks you are part of a home owners association have a look at the website of the homeowners protection bureau hopb www.hopb.co guess in one of the many documents that are applicable to your HOA you find the answer. 

[Richard Brown]

On 6/27/2021 at 6:53 PM, Brit said:

I need to go back to her with the full correct details for her to remove the president

 Removing an officer can sometimes be pretty difficult. It depends primarily on the exact wording in your bylaws as to terms of office and also whether your bylaws contain provisions for removing officers. I strongly recommend getting a copy of RONR (not the in brief version) because it can sometimes be complicated.

For starters, though, you might look at FAQ #20 on the main website regarding how to remove an officer before his term is up. This link takes you to the frequently asked questions. Scroll down to number 20, which is the last one. https://robertsrules.com/frequently-asked-questions/#faqs

[Gary Novosielski]

On 6/24/2021 at 9:38 PM, Guest Debbie said:

I can’t find anything in my rules

Then how do you know you have a board at all?