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HOA held an election for 5 individuals to be voted for a new board. Four individuals were re elected to the board and one individual was not re elected. One of the individuals resigned immediately and gave his votes to the individual that lost and the board voted to okay to transfer the votes putting that individual back on the board. Is that legal or should the position go to the next party with the highest votes ?

Dear Marvin,

Oh my gosh, no! NO! NO! It sounds like a rigid election. They should have had another vote. IF this was done a the election, there should have been another vote. If he came to the first board meeting and resigned, then it would be a vacancy and the board would fill the vacancy. The previous member still may have been reappointed, but this procedure is not valid at all.

Cheerio!

Little Ben


Question submitted by Marvin on August 24, 2015