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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My HOA has a term limit of the board at two thee-year terms.

Customer Question

My HOA has a term limit for officers of the board at two thee-year terms. We have an election for HOA president coming up and he currently is not on the ballot, there is only one candidate and it's not the current president. The board has sent an email out stating that everyone could still feel free to vote for the current as if he is elected via write-in he can still serve a 3rd term. There are no provisions in the CC&R to handle a situation like this, just lists out the term limits specifically. This is in Missouri. Two questions, can the current president be re-elected this way? Is the board violating the rules by in effect putting him on the ballot by saying that we could vote for him?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, what governs is how the language is drafted. If the language has 'term limits', then the current president has to sit aside for one term, and then potentially run again unless the language bars any re-election. But a 'write-in' vote will be as invalid as a name on ballot if your current internal CC&Rs disqualify that person from running outright. And yes, it appears that the Board is in violation if they permit him to run, or are effectively endorsing this campaign.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
what would the next step be to ensure corrective action?
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

That is different from each HOA but what it entails is reviewing your own specific bylaws. Then you'd need to file a motion addressing this clause at a meeting, and pointing out that the Board cannot set aside this rule. The Board can vote to amend the rules, provided they again follow the current bylaws, but until they either amend (if they can), or point out via their attorney as to why this decision does not violate the rules, they would need to cease such campaigning. You can also contact other members of the HOA personally and ask them to move for a special meeting and address this concern.

Sincerely,

Dimitry, Esq.

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