Does the HOA Board Have to Fill Open Seats in Indiana?

Question:

Can an HOA board decide unilaterally not replace board members who have resigned even and not replace them either by an election or by appointment by the remaining members of the board? In other words, if the by-laws call for 7 board members and there are two resignations, isn’t the HOA required to fill them before the next annual meeting?

– Bernard

 

Answer:

Hi Bernard,

It depends on your bylaws. If your bylaws require your HOA to open any seats on the board, then it must do so. Filling open board seats can be done by either election or appointment, as per Section 32-25.5-3-11 of the Indiana HOA Act. However, your bylaws may have other procedures outlined.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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