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Election of Board

Our Board has not held a meeting in 3 years. From what I understand, the Board can appoint anyone they see fit to a vacant position. However is that allowed in a year if there is not first an election to try and fill board positions?

If meeting minutes and contracts have been requested from the board and they have not been furnished in the allowed time frame is the only recourse going trough the courts to obtain them? There was a request put in and then the Board president resigned. The remaining Board Member became President by default. Do we need to submit a new request to them or do they need to fulfill the original request in the original timeframe?

I appreciate any help!

1 Response

  1. DennisL

    Ruth,
    While there is no requirement for board to conduct meeting in any time frequency there are laws requiring the board to conduct any and all business in open meetings. Those meetings must be noticed 48 hours in advance and the members must be allowed to attend and participate in the meeting. There are only five exceptions to the open meeting requirement. So, if the board is conducting the business of the association by e-mail without a meeting, they are violating the law every time.

    There is also a requirement in law that a meeting of the members is conducted and held every year for the purpose of electing board members. While the board has the authority to fill vacancies in the board for the remainder of that term if the vacancies are less than a majority of the board, they cannot elect board members and they cannot extend the term of board members without an election.
    The members elect the board the board elect the officers of the association.

    As for records request the association has the obligation to provide access to any record of the association within 10 business days of a written request to see those records. If they do not do that, they violate the law and can be held accountable for that violation. Submitting a second request only gives them another 10 day grace period to delay providing access to records. When a board member resigns based on a records request you know that something is going on that was not right.

    I had a community that I worked with in Prescott that refused to provide requested records. a homeowners filed a petition with ADRE and the administrative law judge ordered the association to hand over the requested records, the entire board quit rather that provide access to the records. Without a board the courts had to appoint a receiver to manage the association until the homeowners were comfortable enough that the crimes committed by the prior board were resolved and hold an election.

    Dennis

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