First, congratulations to the two newly elected board members, Pam and Newton. The both won their seats by a substantial margin. perhaps now we can restore some transparency and accountability to our HOA governance.

After last night’s meeting, one nagging legal issue remains. Prior to the election votes being counted and certified the outgoing board took an action which is likely not legal. An existing board member, Rod resigned creating a vacancy. No problem there. Immediately following, but before the election was completed Steve put himself forward as a replacement appointment. The existing board, including Steve voted for the appointment. This would have been OK had the appointment been for a non sitting member. However, the issues are these. First, can a board member who has resigned and therefore no longer a member, vote for his replacement? We doubt it. If not, a tie vote would exist and the appointment would not be valid. Second, and equally important, if Steve were allowed to fill the vacant seat, he would hold two positions. Even if it is for a short time, we doubt this is legal by HOA rules and corporation law.

We urge the new board to seek legal advice from the board attorney, and perhaps outside council. We believe the appoint to be invalid in which case the new board should vote to fill the vacancy. Common sense says this is what should have happen ed in the first place.

As always, comments welcome. Perhaps an attorney who is an owner can weigh in on this.