The bylaws of a homeowners' association state that the board consists of 5 members. Two members have resigned. The remaining officers maintain that they can't find anyone willing to serve, so they are going to wait 8 months until the next election. What is their liability? What if one more person resigns, so that the board has only 2 members, less than a quorum of the fixed membership? Can the "rump board" of 2 continue to act? Thanks for your input.
First, when do resignations take effect? The two who resigned might still be members until they are replaced.
Liability -- that is a legal question so you need to consult a lawyer/
One more resigns -- see what actually happens with a resignation and a giving up of responsibility -- the first above.
I have been on 5 HOA Boards over 25 years
My approach would be less enforcement of the standards of Parliamentary procedures and permit the 3 board members to continue. Here's why.
1st Check the bylaws for all pertinent info about resignations and vacancies?
2nd evaluate whether the bylaws identify the parliamentary order they follow and how long in operation.
3rd if there is no reference to parliamentary order - check the state regulation on quorums, vacancies, and resignations
4th if the board membership is voluntary vs paid I would definitely consider the historical presidence of vacancies before requesting more volunteers or calling for a special election.
5th are their hot button issues the HOA is facing - is the work getting done?
6th are their orientation classes for new board members?
I have been on 5 HOA Boards over 25 years
My approach would be less enforcement of the standards of Parliamentary procedures and permit the 3 board members to continue. Here's why.
1st Check the bylaws for all pertinent info about resignations and vacancies. Some bylaws dictate when and how vacancies are filled.
2nd evaluate whether the bylaws identify the parliamentary order they follow and how long in operation.
3rd if there is no reference to parliamentary order - check the state regulation on HOA quorums, vacancies, and resignations. State laws of HOAs have increased over the last 30 years especially as they relate to quorums.
4th if the board membership is voluntary vs paid, consider the historical precedence of association vacancies before requesting more volunteers or calling for a special election. Involving an attorney is expensive for most HOAs.
5th are their hot button issues the HOA is facing - is the work getting done?
6th are their orientation classes for new board members?
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