Election Question
Dennis,
Can you help me by clarifying the following from our bylaws:
Term of Office. The initial members of the Board shall hold office until the first annual
meeting of the Members and until their successors are elected and qualified. Commencing with the first annual meeting of the Members, and so long as there is a Class B Membership in the Master Association, all directors shall be elected for a term of one (1) year. At the first annual or special meeting after termination of the Class B Membership, the Members shall elect one (1) director for a term of one (1) year, one (1) director for a term of two (2) years and one (1) director for a term of three (3) years. At each annual meeting thereafter, the Members shall elect directors to replace those directors whose terms have expired and all such directors shall be elected for a term of three (3) years. If the Board increases the number of directors, the newly appointed directors shall serve until the first annual meeting after such increase, at which time the terms of the new directorships
shall be designated by the Members.
My takeaway from this is that the first year the community existed the board members had one year terms only. At the first annual meeting after this, the 3-2-1 year system was used for that year. After that anyone that was re-elected or elected new to the board would serve for three years and the 3-2-1 system was no longer used.
Am I understanding this correctly or am I wrong in this thinking.
Thanks in advance.
Fred
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Fred,
Everything in this statement is correct and normal except for one issue. If the board decides to increase the number of board positions, they are never allowed to appoint that position. New board position must always be elected by the members. The board can fill vacancies for the remaining term of an existing position but not a newly created position. The appointment of a board member to fill a position that was never elected by the members would violate state law.
The concept of allowing the members to decide the term limit for the new position simply places that position in the rotation with the other directors. The board is free to add positions within the limits specified in the bylaws but they must be elected and the members decide how this new position will fit in the rotation of three year terms.
Dennis