Question:
Early in 2022 our HOA Treasurer resigned over frustration with our VP. A resident was appointed to take his seat. Fast forward to August 2022, now both our Pres and VP have resigned due to one divorce and the other moving out of town creating two open seats. With the two new resignations, someone’s appointed the newly appointed Treasurer to now be our President and he picked two residents to fill the VP and his previous Treasurer position. The guy who resigned early in 2022 is now one of the two he reappointed to the board. Our mgmt company is telling me there are only two open seats up for grabs come November. I’m not sure which two of the three (Pres, VP or Treas) are the two open seats. So my question is, since all three officers were appointed this year to fill seats due to resignations, wouldn’t all three seats be up for grabs in November 2022?
I look forward to your prompt reply as our elections are approaching.
– Sonny
Answer:
Hi Sonny,
According to Corp. Code §7220(b), unless your governing documents say otherwise, a director appointed to fill a vacant seat holds office until the expiration of the seat’s term or until a successor is elected. As such, if a director on a 2-year term resigns a year into the term, then the director appointed to replace them shall remain in office for one more year (the remainder of the 2-year term).
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