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Filling Board Vacancies While Ensuring the Staggering of Terms

All Association Boards will face vacancies from time-to-time.  Those vacancies can be caused by Board member resignations, recalls or individuals passing away.  But what to do when those vacancies occur?  Fortunately, Nevada law has an answer.

To fill a vacancy on the Board, NRS 116.3103.2(c) provides that the executive Board may fill any vacancies for the unexpired portion of any term or until the next regularly scheduled election.  In general, this effectively means the appointment will be until the next election.  But when this happens, how does the Association maintain staggering of Board member positions as set forth in NRS 116.31034?

That answer is likewise found in NRS 116.3103.2(c) which also provides that any executive Board member elected to a previously vacant position may only be elected to fulfill the remainder of the unexpired term, even if that position was temporarily filled by appointment.

To put in terms of a real-world example, if a Board member resigns one year into a two-year term, and the position is filled through the election process, the newly elected member may only serve the remaining portion of that term – one year.  After that term expires, the next election for that position will be for a two-year term.

As another example, if a Board member resigns six months into a two-year term, and the Board appoints a new member to fill that vacancy, that appointment will only last until the next election.  At that election, a member will be elected to serve only the unexpired portion of the term – one year.  Once again, when that term expires, the next election will resort back to a two-year term thereby maintaining a staggering of the Board positions.

Elections in general can be complicated and more so when individuals vacate their position early.  If you or you Association have questions about the election process, call Troy at (702) 529-2559.

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