HOA elections are tomorrow night and I hope to have a good turnout on this night before the holiday. If you?’ve not paid Dues, be prepared if you want to vote, because that?’s the way the meeting will be run. And, as I understand it, the same voting criteria will apply to Board and Covenants elections alike, right or wrong.
I think it important to clear up some things about the election in advance. First, since many new people are running for a position, each candidate should be allowed to make a brief statement of introduction.
Second, since the Bylaws were recently changed relative to election criteria, the Board needs to clarify the terms of the new Officers and Covenants Committee members. Bylaws Section 2.02 (Tenure) states that Officers are elected for a two-year term starting in August and Section 2.05 (Vacancies) states that Officers elected to fill a vacancy serve out only the remaining term. So, it appears that the new Officers will serve only through August 2007, when normal elections are required.
However, Covenants Committee members are not Officers. Paragraph 1 of the Covenants states that Covenants Committee members serve two-year terms, but is silent on vacated terms. And, since no Committee has existed for some time, it seems logical that the Committee would start a new two-year term upon election, as records of unexpired terms are not available. Otherwise, specific vacancies and terms need to be announced.
Also, I reiterate that the Covenants do clearly state that [Covenants Committee] ?“Members shall be elected initially and vacancies ?… shall be filled by majority vote of the lot owners in attendance at any regular or special meeting?…?” The recent changes to the Bylaws are in conflict, here, and the Covenants must prevail. The Bylaws cannot overrule or change the Covenants. I urge the Board to recognize this provision of the Covenants that they are sworn to uphold and abide by.
Finally, there is the unanswered question as to the validity of Jim Pennington as Vice President, which I have raised in an email and web posting on May 17 (EPE Owners Disenfranchised). The Board must provide evidence that Jim was duly elected by a Voting of the Members, as the position was noticed open at the General Meeting on February 22, 2006 (personal notes from attendance, official minutes do not exist per request of the Auditors) and the Board minutes of March 14, 2006 list Jim as VP. However, the call for VP nominees in February was unanswered and the item was tabled. Under the Bylaws in effect at that time, vacancies could not be filled by appointment and Officers had to be elected. So, how did Jim Pennington become VP?
This is vitally important because with only two other elected Officers (Kay was never elected as Treasurer and is not a voting Officer per the Bylaws), if Jim is not an Officer, there has never been a Quorum of Officers to transact the official business of the HOA since Andy Coukos resigned as VP (last official appearance in Board minutes on January 16, 2006). That means the variances issued are invalid and the recent changes in Bylaws are unenforceable, which opens eligibility to vote for and hold office to all Owners, among other things. It is incumbent upon the Board to answer and document this most important question.
Looking forward to seeing everybody at the meeting.
I think it important to clear up some things about the election in advance. First, since many new people are running for a position, each candidate should be allowed to make a brief statement of introduction.
Second, since the Bylaws were recently changed relative to election criteria, the Board needs to clarify the terms of the new Officers and Covenants Committee members. Bylaws Section 2.02 (Tenure) states that Officers are elected for a two-year term starting in August and Section 2.05 (Vacancies) states that Officers elected to fill a vacancy serve out only the remaining term. So, it appears that the new Officers will serve only through August 2007, when normal elections are required.
However, Covenants Committee members are not Officers. Paragraph 1 of the Covenants states that Covenants Committee members serve two-year terms, but is silent on vacated terms. And, since no Committee has existed for some time, it seems logical that the Committee would start a new two-year term upon election, as records of unexpired terms are not available. Otherwise, specific vacancies and terms need to be announced.
Also, I reiterate that the Covenants do clearly state that [Covenants Committee] ?“Members shall be elected initially and vacancies ?… shall be filled by majority vote of the lot owners in attendance at any regular or special meeting?…?” The recent changes to the Bylaws are in conflict, here, and the Covenants must prevail. The Bylaws cannot overrule or change the Covenants. I urge the Board to recognize this provision of the Covenants that they are sworn to uphold and abide by.
Finally, there is the unanswered question as to the validity of Jim Pennington as Vice President, which I have raised in an email and web posting on May 17 (EPE Owners Disenfranchised). The Board must provide evidence that Jim was duly elected by a Voting of the Members, as the position was noticed open at the General Meeting on February 22, 2006 (personal notes from attendance, official minutes do not exist per request of the Auditors) and the Board minutes of March 14, 2006 list Jim as VP. However, the call for VP nominees in February was unanswered and the item was tabled. Under the Bylaws in effect at that time, vacancies could not be filled by appointment and Officers had to be elected. So, how did Jim Pennington become VP?
This is vitally important because with only two other elected Officers (Kay was never elected as Treasurer and is not a voting Officer per the Bylaws), if Jim is not an Officer, there has never been a Quorum of Officers to transact the official business of the HOA since Andy Coukos resigned as VP (last official appearance in Board minutes on January 16, 2006). That means the variances issued are invalid and the recent changes in Bylaws are unenforceable, which opens eligibility to vote for and hold office to all Owners, among other things. It is incumbent upon the Board to answer and document this most important question.
Looking forward to seeing everybody at the meeting.
