Legal Question in Civil Litigation in Maryland

HOA Board of Director's Elections - Nominations were closed on 3/28/15. There were 4 candidates for 3 positions. In May an additional Board resigned, the ballots went out in June as stated in March for 3 positions, but now there were actually 4. The President appointed a person (not on the ballot) to fill in for the remaining term of the person who resigned. What is your opinion of the justification for this. Should he have automatically put the 4th person on the ballot into that position?


Asked on 6/15/15, 9:20 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

This situation should be covered by the HOA's bylaws. Unless they provide that the seat of a resigning board member must be filled in the next scheduled election, typically an appointee would serve out the remainder of the resigning member's term, which would then be filled at the next scheduled election.

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Answered on 6/15/15, 12:11 pm


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