Estrella Vista HOA 2021 Election Dilemma

Hopefully, by now all eligible HOA members have received their invitation or ballot to cast their vote for this year’s HOA election.  If not, you’ll want to contact the HOA’s management company, Vision Community Management (VCM) today since the cut-off to cast your vote is 1200 pm tomorrow, May 11, 2021.  

It is very important this year we get enough members to cast their votes to help establish the required quorum for the Annual Members Meeting.  For whatever reason, the existing Board and VCM refuse to inform the members how this year’s election will be determined.  Since I don’t have access to the members mailing or contact list this is one of the limited ways I have to let the members know how this year’s election will play out. 

To begin, the Board decided to add two new positions to the Board of Directors and originally wanted both new positions to be for a one-year term based on the wording in the By-laws.  However, I challenged this decision by pointing out the Articles of Incorporation stipulate any new positions will be for three-year terms.  After some research, the Board and VCM agreed and concluded the wording in the Articles of Incorporation overruled the wording in the By-laws.  So, beginning with this election the Board will now have 3 three-year term positions, 1 two-year term position, and 1 one-year term position (total of 5 Board members). 

With the two new positions added and two of the existing Board members up for reelection, there are a total four Board seats open for election this year.  So, our dilemma is we only had three members submit their names for the four open Board positions.  Here’s how this year’s election will unfold: 

• If quorum is met to hold the annual members meeting then all three nominees will be automatically elected for the 3 three-year term positions regardless of vote totals.  The remaining open position will be a one-year term that the existing Board has already decided (based on wording in the By-laws) they will elect and fill themselves.  The challenge was brought forwarded that this may be in conflict with the Articles of Incorporation that gives the authority to elect the Board of Directors to the HOA members, but not the Directors themselves.
• If quorum is not met to hold the annual members meeting then the existing Board members will vote and appoint themselves into the open three-year term positions and elect and fill the two remaining open positions themselves.  It is unclear and there is nothing to prevent the existing Board member who is not up for reelection from vacating his two-year term position and then being reappointed by the other Board members to fill the open three-year term position.  Regardless, this scenario will mean that all five Board members will be filling a board position without being duly elected by the members.

So, we desperately need to meet quorum for this year’s election.  If none of the three candidates are to your liking, then I ask that you choose to vote for quorum only.  Assuming all homeowners (634) are eligible to vote, we would need 159 members to cast a vote.  But, this is a situation where more votes are better.  

Based on our By-laws, the President of the Association must be a Board member and along with the other officers is appointed by the Board.  Three years ago the Board appointed the Board member who received the most votes and therefore filled the only three-year term position. There is nothing in the HOA document that stipulates the President has to be the one receiving the most votes.  But, now we have 3 three-year term positions on the Board, so it is unclear how the association President’s position will be filled.  To my knowledge we’ve never had more than one Director serving a three-year term and since there were no elections in the eight years from 2010 – 2017 we have no historic precedence to follow. 

So, if you’re tired of the way things are, such as receiving parking violations because someone else parked their vehicle near your house, then I ask for your vote.  This year consider voting for someone for a board of director position who will make the change or difference you want to see. 

Thank you.

 Victor Pattarozzi