J.E. from Fairfield County, Connecticut writes:
Dear Mister Condo,
We have 5 members on the Condo Board {A, B, C, D & E}. “A” & “B’s” terms were up in 2020 but remained on for a 4th year due to COVID and no annual meeting. “C” & “D’s 3-year terms are up in 2021; there will be a meeting. The question is: How many positions are up for re-election in 2021 and who gets to decide this issue?
Mister Condo replies:
J.E., COVID restrictions certainly made a lot of problems for Condo Boards. Elections are just one more to add to the mix. Your governing documents likely spell out the how and when for staggered election such as yours. My guess is it would be ideal to get the election terms back in place so that you don’t have an entire Board turning over in any one year. From what you have told me, the elected members from A & B were kept in place but should have been up for election last year. Ideally, they would be up for election this year but with a year less on the elected term (in this case two years, instead of three). C & D are up for election this year and should be treated as they normally would with an election for the next three-year term. This would be the easiest way to keep the election schedule on track and back to pre-COVID cycles. However, unless the governing documents say differently, the sitting Board would most likely have the power to make the decision. It would be in everyone’s best interest to get things back to normal as soon as possible. Good luck!
Perhaps another normal way would be to put up all open and expired seats up for election, some 3, 2, and 1 year terms as needed to maintain the balance and terms as if there had been elections. The candidate with the most votes gets the longest term, with the second most votes the remaining longest term until you run out of seats or candidates. PS: Connecticut law requires at least one Board meeting a year. We had to quickly update our bylaws to allow a Zoom meeting to comply last year. And, as I recall, shortly after that Gov Lamont provided for such via a pandemic executive order.
Luther makes a great suggestion which should satisfy all unit owners.