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What Will Happen If We Don’t Have 5 Board Members?

On Behalf of | Jun 11, 2016 | Condo / HOA, Firm News |


Q: We have a 5 member Board of Directors but only 90 total condo units. With the upcoming annual election, I am concerned that we will not enough people to serve on the Board. This has traditionally been a problem in our building. What will happen if we don’t have 5 board members, and do you have any suggestions for improving this?

A: First, your association will not shut down if you only have four willing board members, or even three. Your bylaws probably state that you have a quorum of the Board with three directors, and those three directors will be able to make decisions until you have a full board. However, the board members you end up with should certainly make an attempt to fill the empty seats if your election does not result in a full board. You can do this simply by talking to your neighbors and encouraging them to serve on the board. After the election, a majority of the board members in place can appoint any member of the association to serve on the board. Further, while husbands and wives are generally prohibited from serving on the board together, this can happen if there are not enough candidates willing to serve. If your association is still unable to get a full board after a massive recruiting effort, your association should consider an amendment either reducing the Board to three members or eliminating the requirement that Board members have to be unit owners.