Resignations

[Guest michelle]

Hello, I have a question regarding resignations. 

I'm a sitting director on a board of HOA 

We've had several resignations. We have appointed a couple of open positions which our bylaws allow - but here's the question..

Two terms are up at the next annual meeting and the question is presenting itself is If instead of rerunning can one of the directors take one of the open terms of the person who left or do both people have to rerun?

There must be a Robert's rule about this because then the next question becomes if two people are rerunning, how do you choose which one to fill the position? Unless it's simply by board vote??

 

Thank you

[Richard Brown]

If I am correctly, understanding your question, there is nothing in RONR that would prevent one of the sitting directors in a term which I assume is expiring at the annual meeting from being appointed to fill the unexpired term of a director who resigned and whose term does not expire for another year or so. This is assuming, of course, that all of your other bylaw provisions regarding term limits,  filling  vacancies, notice, etc., are being followed.

You fill any vacancies according to the provisions in your bylaws for filling vacancies. If the board has that authority, then it would be by a board vote. The procedure should be the same whether you are filling the vacancy with someone who is not currently on the board or with someone who is currently on the board.  If you are filling it with a current board member, then that member should resign from his or her current position so asnot to be holding to board seats at once.

Edited July 13, 2024 at 06:56 PM by Richard Brown
Added last sentence and typographical corrections

[Rob Elsman]

There must be some background that is missing, because I cannot figure out the backdrop to the question being asked. I can sense there is something else, but I do not know what it is.

[Joshua Katz]

Are we talking about staggered terms?

[Atul Kapur]

When the board fills a vacancy, what do your bylaws say about the duration of the appointment?Is it effective for the entire unexpired term or only until the next annual meeting?

For example, assume you have three-year terms and someone elected in 2022 for a 2022-2025 term resigned in 2023 and the board appointed someone to fill the vacancy. Does that appointment last until the end of the term in 2025, or only until the upcoming 2024 annual meeting,  where the membership will elect someone to finish the term?

As @Joshua Katz notes, I am assuming that you have staggered terms, that is, a portion of the positions are elected each year for a multiple-year term.