Monte Vista HOA. Invoke Section 5.7 RESIGNATION OF DIRECTORS in the BYLAWS

I would suggest every member with not-conflicting schedule to attend next Tuesday board meeting and to demand that the Board fill the vacancy and make that the first item of business on the agenda, I understand that the location of the meeting is not convenient to anyone and this also has its purpose.

I’d also like to point out that I find it very interesting that there was NO special elections held when the board previously filled the vacant positions with the people THEY wanted to fill it with. But now that the person volunteering for the board is someone the majority of the board DOESN’T want, NOW all of a sudden it’s an issue, and they’re saying a special election needs to be held. It’s also highly suspect that the last meeting was cancelled when they were supposed to vote on whether this person could be on the board or not. So when it’s someone they want, they automatically take them on. When it’s someone they don’t want, all of a sudden there’s a bunch of “rules” that need to be followed, and there needs to be a “special election.” I call B.S. Not to mention that there is only one dissenting opinion on the board right now. That’s not something I want. There needs to be another voice and opinion added to the mix.

Please visit this blog post for further consideration of what the Bylaw 5.4.3(a) could possibly mean: https://ourhousemv.wordpress.com/2018/07/19/special-election-to-fill-board-vacancy/

What difference does it make? I believe any one can still organize a petition. Or I am not competent enough for your?

I disagree - section 5.4.3 says " At the first election pursuant to this Section 5.4.3, at every other election of Directors held thereafter and at any election conducted to replace a Class A Director who has been removed or who has resigned and not been replaced by the board as permitted in Section 5.7 (Resignation of Directors), a special election shall be held to elect a Class Director." It's kind of contradictory with the initial part that says the provisions only hold while we have Class B directors but it clearly says at EVERY election of Directors after the initial one which is the only election where we had Class B directors. It also clearly says at ANY special election. I'm not a lawyer and neither is Krassimir. This unclear language sounds like we'd have to consult attorneys - more delay and expense to get someone on the board for maybe a month. What a waste of money! This person can just run in the general election and save us all thousands of dollars. Plus the organizer of the petition hasn't mentioned that he is the person running for this board position - a bit self-serving isn't it?

In response to Judy's comment: Wrong! The term "Special Election" under 5.4.3(a) is no longer in effect because the Declarant, i.e. KB Homes, is no longer on the Board. Therefore, we don't have "special elections" as defined in 5.4.3 (a). Special elections are meant only while we have Class B directors, such as KB Homes, which we no longer have. So her reading is invalid.

And here is what others need to know: https://ourhousemv.wordpress.com/2018/07/07/playing-politics-with-board-vacancies/

Please don't sign this - what the organizers aren't telling you is what's in section 5.4.3 which governs the special election process. It clearly states that any special election has to happen with a general election. Since the open seat is up for election in November this special election would accomplish nothing. Even if we bypassed that rule, the special election still has to follow the rules for any board election. So sending out for nominations, sending out a vote, waiting 30 days + more if not enough people vote. The earliest this person could be elected might be October - so basically one meeting. Meanwhile elections cost the HOA thousands of dollars. This is a complete boondoggle.

We need the vacancy filled. Please let the membership vote on this ASAP.

Let the membership be heard. Vote!

I approve and sign this petition.