Question:
We have an “umbrella” HOA with several sub-associations. We recently had our “Annual Meeting” They did not meet “quorum” with both in person and “proxy” votes. The declarant/developer still sits on this board. We received notification that the appointed (never elected)board members named a President, Secretary, treasure and one other position as the new board. There was no notification within 30days to set a meeting to vote again. They stated they could do that since the current sitting board of 7 people could appoint until our next annual meeting in 2023. Can they do that? We thought Idaho state law requires they call for a second vote within a 30 day window.
– Dodie
Answer:
Hi Dodie,
It is essential to refer to your bylaws or articles to check the method of appointment or designation permitted in your HOA. According to the Idaho Nonprofit Corporation Act, specifically Section 30-30-604, if no such method is provided in your bylaws or articles, the directors, other than the initial directors, shall be elected by the board.
As Idaho law does not go into detail about election failures, it is best to refer to your bylaws or articles for guidance on this matter.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
