S.S. from Massachusetts writes:
Dear Mister Condo,
Our condo association board has a vacancy from a resignation. The remaining trustees can fill the vacancy. Can one of the existing trustees be appointed to fill the vacancy and thus be a trustee twice at once time; exercising twice the voting power they had previously?
Mister Condo replies:
S.S., I am not a lawyer so I cannot offer a legal opinion but I can tell you that does not sound like something that should be allowed. Assuming there are 5 trustees or Board members serving on your Board, giving one member 2 votes or a 40% share of the votes certainly violates the spirit of democracy that is so vital to healthy governance practices. It would be far fairer for the Board to appoint a 5th member to the Board or to leave the seat vacant until the next election. That way, no single Board member would have more than his or her normal percentage effect on the outcome of any votes. If you suspect wrongdoing by the Board in their governance practices, I encourage you to seek legal counsel. In Massachusetts, you will find a large group of attorneys who specialize in community association law at the CAI-NE website at http://www.caine.org/. Best wishes!