California law allows the seated directors by majority to vote and appoint volunteers to fill the open seats.
Q: I live in an association with several hundred members where it is quite often difficult to fill our seven-member board. What would happen if only two people were on the board or if no one was interested in being on the board? How would decisions be made? — R.M., Anaheim.
Directors who are so committed that they are almost co-managers along with management are unwittingly creating a predicament for their HOA – nobody else is able or willing to put in so many weekly hours serving the HOA. A: Civil Code Section 4205 establishes a hierarchy of governing documents and rules are at the bottom of that hierarchy. Rules may not conflict with the CC&Rs or bylaws. So, if the bylaws ban proxies, the election rules may not re-establish their use. The one exception to this hierarchy is if something in the CC&Rs or bylaws violates the law.
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