Frankiegirl Posted August 11, 2023 at 10:07 PM Report Share Posted August 11, 2023 at 10:07 PM If there are no candidates running for the 7 open positions, what happens to the Board of Directors?? Our bylaws state 9 members for the board, two will have one more year in their term. Quote Link to comment Share on other sites More sharing options...
J. J. Posted August 11, 2023 at 10:38 PM Report Share Posted August 11, 2023 at 10:38 PM On 8/11/2023 at 6:07 PM, Frankiegirl said: If there are no candidates running for the 7 open positions, what happens to the Board of Directors?? Our bylaws state 9 members for the board, two will have one more year in their term. What do your bylaws say about the term of office? Quote it exactly. Quote Link to comment Share on other sites More sharing options...
Frankiegirl Posted August 11, 2023 at 11:19 PM Author Report Share Posted August 11, 2023 at 11:19 PM On 8/11/2023 at 6:38 PM, J. J. said: What do your bylaws say about the term of office? Quote it exactly. We have 3 classes, class 1 shall serve until the third annual meeting following the 1985 annual meeting of property owners. At the third annual annual meeting of the property owners, the directors of class 1 shall be elected for a term of three years; and after expiration of such term shall thereafter be elected every three years for three year terms. Class 2 shall serve until the second annual meeting, at the second annual meeting shall be elected for a term of three years....... Class 3 shall serve until the first annual meeting , at the first annual meeting shall be elected for a term of three years..... Quote Link to comment Share on other sites More sharing options...
puzzling Posted August 12, 2023 at 08:23 AM Report Share Posted August 12, 2023 at 08:23 AM (edited) So you (should) have 9 directors each serving for 3 years (till the annual election) staggerd so that at each annual election 3 directors are elected. The problem now is that you (for more years running i presume) the organisation didn't have candidates to fill the open positions (leaving directors didn't want to be reelected, new candidates didn't come forward) That is a terrible state to be in, if it was a normal organisation it would mean closing it all together. The organisation really should try hard to cajole, persuade, (trick?) people to become directors. Your bylaws mentions property owners, is it an home owners organisation or a similar organisation, very much ruled by state laws? Then it is advisable to get legal advice on what the options are , Visit the website of the home owners protection bureau www.hopb.co go to the section on state kaws , find the advisors in your state and get help. good luck. Edited August 12, 2023 at 08:24 AM by puzzling Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted August 12, 2023 at 02:17 PM Report Share Posted August 12, 2023 at 02:17 PM (edited) On 8/11/2023 at 5:07 PM, Frankiegirl said: If there are no candidates running for the 7 open positions, what happens to the Board of Directors?? Our bylaws state 9 members for the board, two will have one more year in their term. From the facts presented, it appears the bylaws do not have an "until their successors are elected" clause. So it seems that if no candidates are elected in the upcoming elections, you will have a very small board, with only two board members. I would note that nominations from the floor and write-in votes are permissible. So even if no candidates are currently running, there is still time to change that. In the event you do end up with only two board members, the organization should continue to work to find candidates and to complete the elections and/or use vacancy filling procedures as soon as possible. It may also be desirable to amend the bylaws to reduce the size of the board. Perhaps finding nine board members is no longer feasible for the organization. On 8/11/2023 at 6:19 PM, Frankiegirl said: We have 3 classes, class 1 shall serve until the third annual meeting following the 1985 annual meeting of property owners. At the third annual annual meeting of the property owners, the directors of class 1 shall be elected for a term of three years; and after expiration of such term shall thereafter be elected every three years for three year terms. Class 2 shall serve until the second annual meeting, at the second annual meeting shall be elected for a term of three years....... Class 3 shall serve until the first annual meeting , at the first annual meeting shall be elected for a term of three years..... I'm somewhat puzzled under the circumstances described as to how you have seven open positions out of nine board members. Does the board currently have some vacancies? How many board members are currently serving? Edited August 12, 2023 at 02:21 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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