Board Elections - Three Months Away

The next election for Board Directors is right around the corner. November 2022. And the Board has created a huge problem for itself. How will it resolve it?

In November 2020 three Directors were elected. George Reynolds, Auby Dellinger, and Vernell Butler. Each was elected to a two-year term, expiring in November 2022. 

This means that, in November 2022, three directors are to be elected. The terms of Vernell and Auby expire. George died in April 2021, and his seat is still vacant. His successor has never been appointed by the board.

What is the huge problem? 

After George Reynolds died in April 2020, only five months after being re-elected, the board never declared the vacancy on the board and never appointed a successor to George. That successor was supposed to serve out the remainder of George's two-year term, to November 2022. 

That Director position is still vacant.

Four directors should have been elected in November 2021, but the Board, in its infinite wisdom, decided to elect five directors.

After all, there was an empty slot on the board. Nobody was sitting in George's chair. 

The board never discussed the problem. Justin decided that five directors would be elected. I emailed him (and the board) numerous times that that is not what the By-Laws said should happen. I even copied the HOA attorney on my messages, hoping the attorney would weigh in and correct the board.

My guess is that the attorney only gives advice when asked and that Justin never asked for his advice. 

So five were elected in November 2021 (Justin Martin, Mary Ann Game, Paul Hill, Greg Thomas, and Brenda Bryant). One of them is not a legitimate board member. But which one? 

No one of the four who were re-elected is more important than Brenda Bryant, the new member of the board. Should they draw straws to eliminate one?

Actually, Greg Thomas is not a legitimate board member, because he is not a homeowner. His wife owns the house. The CC&Rs says your name has to be on the Deed to be an owner, so Greg is not. (Only owners can be on the board; only legitimate board members can be officers. (Greg is Secretary)) If he just stepped away from the board, then the number of board members for the 2021-2023 term would be correct (four).

After Paul Hill died in April 2021, Dennis Rybicki was appointed by the board to fill Paul's unexpired two-year term. Dennis' term expires in November 2023. 

But Justin has apparently told Dennis that he will serve only until November 2022 and will stand for election then. But then the remainder of Paul's term will be vacant! Justin is wrong.

What in the world is so hard about complying with the By-Laws?

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