Author Archives: mderollo

RVS Open Director Positions

In regards to RVS Community Manager’s email “Notice of Interest – Board of Directors” sent October 4, 2016, I believe there is an error in the identification of vacancy term lengths.

How Many Board Director Positions Are Open? What Are The Terms Of Service?

It is no surprise that given the spate of resignations from our RVS Board this year, 2016, as well as last year, 2015, there is some confusion as to who must run for the open Director positions at the next Annual meeting, and how long will the term of office be.

The terms for Board members are two years and they are elected in alternate years. Three Directors run for office one year, followed by four Directors who run the subsequent year so that some continuity is maintained on the Board. (See By-Laws, 3.3, paragraphs ii. iii, and  iv.)

What Happens When There Is A Vacancy?

According to RVS By-laws:

In the event of the death, disability, or resignation of an Owner Director, the Board may declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the Voting Delegates entitled to fill such directorship shall elect a successor for the remainder of the term. (See by-Laws 3.5, 4th paragraph.)

Thus, any Director who was appointed to a vacancy as a result of a resignation will fill the vacancy until the next annual meeting which in this case will be November 15, 2016. At the Annual meeting a successor (who may be the appointee, if s/he chooses to run) will be elected to complete the remainder of the term (which in the case of filling a 2-year incomplete term, means holding office for one year).

Past practice has been that open 2-year Director positions are filled by the top vote getting candidates, and the 1-year incomplete successor term(s) is filled by the next highest vote getting candidate(s).

This is not the first time the question has arisen as to how many positions are open and for how long. 

A Brief History

2014 Election

At the Annual General meeting of the RVS HOA in November, 2014, there were four open Director positions filled:

  • Three 2-year terms filled by Bernie Paiz, Jonnalynn Grover, and John Zipprich;
  • One 1-year term to replace Paul Burguieres’ position (who resigned and was not replaced by a board appointee). Carol Thompson had completed her 2-year term as a Director and was running for a Board position. Since she received the fourth highest number of votes of the eight candidates running, her term was for the open 1-year successor position for Burguieres .

Continuing 2014 Board Members were (1-year term remaining for each):

  • Bonnie Houston,
  • Laura Corbin,
  • Jim Kerr

2015 Election

In January, 2015, we learned of Laura Corbin’s resignation (1-year term remaining of a two year term), and in April we were informed of Bonnie Houston’s resignation (1-year remaining of a two year term).

At the April 28, 2015 RVS Board meeting, Laura Corbin was appointed to fill her previously resigned position, and there was no appointment made at that time to fill Bonnie Houston’s position.

Then, we were informed of John Zipprich’s resignation (2-year term) sometime in August, 2015.

As of August 20, 2015, we were informed of the successor appointments of Rev. Dr. Barbara Boyd and Eric Sanders to fill the vacancies of Bonnie Houston and John Zipprich.

So, there was a full Board of seven Directors present at the September 22, 2015 Board meeting.

What did that mean for the election of Director candidates for the November 17, 2015 Annual meeting?

It meant that there were five Director candidate positions open for a seven member Board:

  • Four 2-year terms to replace the expired terms for Houston, Kerr, Thompson (who was the successor for Paul Burguieres’ position), and Corbin (successor for herself),
  • One 1-year successor term to complete Zipprich’s term.

The Election Results of the Annual meeting of the RSV HOA in November, 2015 for the five open positions (in vote tally order)

  • Eric Sanders: 71, term = 2 years
  • Barbara Boyd: 66, term = 2 years
  • Laura Corbin: 58, term = 2 years
  • Jim Bailey: 57, term = 2 years
  • Jim Kerr: 50, term = 1 year — to complete Paul Burguieres’ position which had previously been filled by appointee Carol Thompson.
  • Carol Thompson: 48, not re-elected
  • Marcia Kaplan: 38, not elected

Continuing 2015 Board Members (1-year terms remaining for each):

  • Bernard Paiz
  • Jonnalyn Grover

Upcoming 2016 Election

In Spring 2016 Eric Sanders (2-year term) resigned; Carol Thompson appointed successor for the remainder of 2016.

In June/July Barbara Boyd (2-year term) resigned; no action taken to fill vacancy.

in September Jim Bailey (2-year term) resigned; no action taken to fill vacancy.

2016 current Board members:

  • Bernard Paiz (end of 2-year term),
  • Jonnalyn Grover (end of 2-year term),
  • Laura Corbin (one year remaining),
  • Jim Kerr (successor-completes 2-year term for Burguieres)
  • Carol Thompson (successor for Sanders),
  • Two unfilled Director positions; each have a 1-year successor term open through November, 2017.

How Many Board Director Positions Are Open? 

By my count there are six openings:

  • Three 2-year terms (to replace Paiz, Grover, Kerr/Burguieres’ successor);
  • Three 1-year successor terms (to replace Thompson/Sanders, Boyd-unfilled, and Bailey-unfilled).

Thus, only Laura Corbin need not run for a Director position.

I hope this summation helps to clarify Director openings and terms of office.

Related Content:  Election Results 2014  and   Election Results 2015

What Are the Current Terms of Office for the RVS Board?

An interesting questions arises given the recent spate of resignations from and appointments to the RVS Board of Directors.

At the Annual General meeting of the RVS HOA in November, 2014, there were four Director positions filled: three 2-year terms filled by Bernie Paiz, Jonnalynn Grover, and John Zipprich; and one 1-year term to replace Paul Burguieres’ position filled by Carol Thompson, who received the fourth highest number of votes of the eight candidates running.

In January, 2015, we learned of Laura Corbin’s resignation as a Director, and in April we were informed of Bonnie Houston’s resignation.

At the April 28, 2015 RVS Board meeting, Laura Corbin was appointed to fill her previously resigned position, and there was no appointment made at that time to fill Bonnie Houston’s position, or for that matter, at the July 28, 2015 Board meeting.

Then, we were informed of John Zipprich’s resignation sometime in August, 2015.

As of August 20, 2015, we were informed of the appointments of Rev. Dr. Barbara Boyd and Eric Sanders to fill the vacancies of Bonnie Houston and John Zipprich.

So, we will have a full Board of seven Directors present at the upcoming September 22, 2015 meeting. Huzzah!

So, what does that mean for the election of Director candidates for this year’s Annual meeting?

  • It means that there will be five Director candidate positions open for a seven member Board:
  • Four 2-year terms to replace the expired terms for Houston, Corbin, Kerr and Thompson, and one 1-year term to complete Zipprich’s term.

Typically, Directors appointed to fill vacancies, who also choose to run for the next term, will appear as an incumbent on subsequent ballots. Given the brief time (only one Board meeting before the Annual meeting ), it is difficult to determine appointed Directors’ views.

Critical issues that will determine our future property values and our pocketbooks face the Association over the next two years in regards to the irrigation of the common areas and maintenance of our infrastructure.

  • I urge Homeowners to become informed about these issues, and to seriously consider running for a Director position.

If you do not have the time to commit to serve as a Director, please become informed about the issues.

  • Attend all future Board and information meetings.
  • Ask prospective Director candidates about their position around these issues.

Remaining silent or complacent will allow others to make the decisions that affect you!

Attorney Quashes Rights of Association Members

Does anyone else find it curious that at the RVS Annual meeting on Tuesday, November 18, 2014, when an Association member in good standing made a motion (which received a second) to revise the Agenda (prepared by the Board and the Association Manager) to allow for a longer time period for Association members to ask questions of the candidates running for office, that the Association’s Attorney, Lynn Krupnik, (not a member of the Board, not the facilitator of the Association meeting) stood up and declared that the motion was “out of order”?

When challenged by an Association member that the motion was, in fact, in order since the meeting was being held by the Association and therefore, members have a right to make motions and have them discussed by the whole,  Ms. Krupnik responded again that the motion was “out of order.

When asked to explain in what way this motion was “out of order,” Ms. Krupnik’s only response was that it was “out of order.” No citing of parliamentary procedure rules, no explanation at all. Just that the motion was “out of order.”

Unfortunately, many of the Association members present chose to allow Ms. Krupnik, the Board President, and three of the other Directors to ignore the motion, and continued the meeting with the challenged Agenda.

The Agenda item providing time for Q&A from the audience to Justin Scott, HOAMCO CEO, did not occur, since his presentation went far beyond the time set aside. Ms. Krupnik’s presentation also went beyond the time set aside but a Q&A session followed. Please note, that the candidates’ introduction time of one minute each with no time allocated for Q&A was timed with a stop watch. The other presentations: Warren Thompson from Ranchland Utilities with time for Q&A; Cliff Baldwin from the Finance Committee –  the 2015 Budget with time for Q&A; and reports from the other committees with time for Q&A. But none of these presentations were timed. (with or without a stop watch)

Incidentally, the Agenda item listed for providing time for Q&A from Association resident/owners was cancelled because of insufficient time available, even though there were many voiced appeals calling for that part of the meeting to occur. The former Board President explained that the meeting had run over the time set aside for the meeting, and declared that the room had to be cleared by 9 p.m. Yet the meeting was adjourned at approximately 8:35. Hmm. I guess the President believed it would take all of 25 minutes to clear the room. It is interesting to note as well that the President, being so concerned with following the time frames set aside, neglected to use a stop watch to time the other Agenda items. Hmm, imagine that.

The end result: Another instance of where Carol Thompson, and certain Directors, in collusion with the Association’s attorney and our management company, quash members’ input, silence attempts to inform the Association of critical concerns held by many members, and abridge members’ rights to free speech and responsible representation from their elected officers.