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error during annual board election???

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duffer2

Junior Member
What is the name of your state? California

Hello,

I was hoping you could answer a quick question for me. Your help would be much appreciate. We had our annual election last night and there were two officers that were up for re-election. One officer decided not to run so essentially there was only one incumbent running for an additional two year term plus to new candidates running for the newly vacant position. We had 54 proxies that were signed by homeowners giving the board the right to vote each of those proxies essentially giving the board 108 votes to apply towards the ballot since each unit gets two votes.

My question is the board member who normally would of been up for re-election decided that she had the right to vote the proxies with the other 3 directors making it 3 incumbent directors or were not up for re-election and 1 director who normally would be up for re-election but gave up her position the night of the annual meeting, voting the proxies.

Since the director who was up for re-election had decided not to run for the board did she not have the right to vote the proxies that evening. Normally that director wouldn't have the right in the first place since she was essentially in a position that was up for re-election. The incumbent director, the only one who decided to reup for another term, did not participate in the casting of the proxy votes as usual.

So my question is when does a board member's term actually end. At the "call to order" of the annual meeting or at the end of the election and the new officers are elected either it be the same officers or all new people.

I feel that only board members have the right to vote the proxies and since this person was technically not a "board member" since her term had experied at the beginning of the meeting she should not of participated in the proxy vote with the current board members who were not up for re-election.

Lastly our board president owns 16 units and they are 100% rentals. The board president does not live in our community and never has lived in the community. Does this pose a conflict of interest because she alone with her votes which is 32 has the ability to sway the annual meeting in her favor thus allowing her to rein as a board member for life.

What are your thoughts?
 



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