Illegal abuse of power and authority..
Board Trustees are elected for a term of three (3) years.
On the second Saturday of July, there will be four (4) vacant positions. If they are not filled by member election on that date, there will be a sitting Board of five (5) trustees.
The election can be delayed, but expired terms can not be extended.
The Board does have the authority to change the number of Trustees on the Board, but not while elected members are serving. Should there be a vacancy occur during the term of a Trustee, the Board is then required to fill by appointment, that position, until the next election. It is a violation of the Bylaws, to not fill a vacant position. There are no restrictions on how the replacement member will be selected. Past practice has been to select a runner up in the previous election. However, this has not always been the case. The real issue, is not filling the position.
The members elect Board Members to represent them in the business and operation of the corporation. When their term expires, they no longer have that authority. To do otherwise, is what we see in dictatorships and third world countries. This Board has tome and again shown a lack of respect or to follow the governing documents of the association. This once again, appears to be the4 case here.
The above is my opinion based on my knowledge and experience as Board Secretary and my understanding of our governing documents. I strongly advise this Board to contact the association attorney for guidance and clarification.
5 comments:
Yep, another power grab from the faction. They no doubt started the Washington pandemic just to extend the terms of faction members who didn't want to run for reelection.
@2:13 PM
Do you mean the J Place Elitist Faction?...
The association attorney is in on it. They know nobody will sue them. They don't care.
Your comment shows your blind allegiance to the Board of Trustees, as well as your total lack of adult responsibility. George's point is very valid, and you are too empty to respond with any thoughtful comment. The members of Surfside are responsible for oversight of the BOT, and we have a large body of rules that the HOA uses when it serves their interests, and ignore when it is an inconvenience to follow the rules.
Members get fined for not following rules - the Board just picks and chooses. It has become much more apparent how irresistible it is for the BOT to cheat the system when there are no public meetings. Likewise when they are not called on their obvious transgressions, like failing to announce the resignation of Chris Chandler initially.
Then they refused to appoint the next in line from the election, and refused to say what they were doing about the vacancy. Then they decided they didn't need to follow the stated requirement in the covenants - that an appointment was necessary.
Since meetings began to be closed, the BOT agreed to delay the Annual Meeting, the only MEMBER meeting held annually, until November. There has been no announcement to this effect, nor an explanation as to how November became the magic month. At most, I believe that the Meeting minutes from March may have mentioned the approved motion, without calling any attention to it.
Meanwhile, no mention has been made of how the extended wait for the election is expected to transpire. It makes a difference ! We already have rules that require that Trustees step down when their terms end, and can only continue if they win a spot in a legitimate election. So WE need the BOT to make a clear announcement to all of the member households, assuring that the expired Trustees will step down as of the July termination date, and that the Annual Meeting and election will take place in November.
We don't need to pretend that this is child's play, when an annual budget of 1.4 million dollars is the collective responsibility, even if only about 300 members manage to vote. Adults expect their elected officials to follow the rules set out for the entire community. If they take their responsibilities seriously, they understand that "they agreed to these rules when they moved here ! "
By your own words it's completely clear. They don't take their responsibilities seriously! They're the Faction!
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