On July 22nd, Judge Chavez ruled that all appointed directors will stand for election for the unexpired term of their predecessors in office. AAFPO will conduct the next election in compliance with the judge’s ruling.
This means each of the four appointed directors will run for the unexpired term of their predecessor in office. Three director positions are also open due to the expiring three-year terms of the current directors. The three open director positions will each serve for three-year terms. Therefore, a total of seven director positions will be elected at the next annual meeting. No changes to the by-laws are necessary or contemplated to accomplish the judge’s directive.
“While waiting for the judge’s ruling, the AAFPO Board has been contacted by AAFPO members that they have not been receiving official AAFPO notices, including election notices and ballots. Since the Resort continues to withhold the AAFPO member database, the Board is reliant on the Resort to provide the Election Committee with an accurate and up-to-date list of eligible members. After learning that eligible members have been omitted from the list provided by the Resort, the AAFPO Board filed an emergency Motion for Preliminary Injunction to Access Membership Database for Election and Request for Expedited Hearing.
Download AAFPO’s Motion for Access to the Membership Database here:
Preliminary-Injunction-to-Membership-Database-filed-071921-2Download
Judge Chavez has scheduled the expedited hearing for Tuesday, August 17, 2021. His ruling on the motion is expected within two weeks after this hearing.
The AAFPO By-laws require advance notice to AAFPO members before an election and the Annual Meeting can be held. Article IV, Section 1of the By-laws states:
“Not more than 45 days nor less than 30 days prior to the Annual Meeting, a Board of Directors meeting shall be held at which time nominations for membership on the Board of Directors will be accepted.”
The previous certification of seven candidates in May was for the election of three open board seats that expire this year. Due to the judge’s order to open the election to all seven (7) positions, an additional nomination meeting will be held between 30 to 45 days before the rescheduled Annual Meeting. Notice must go to all members of AAFPO, regardless of whether they are a “voting” member or ineligible to vote.
Until an accurate database of the entire membership is available, it will not be possible to notify members of the annual meeting in compliance with the By-laws. It will not be possible to validate the eligible voters for an election. It will not be possible to set a date for the Annual Meeting.
In the meantime, the Election Committee will proceed with election preparations for the four appointed director positions and the three open director positions.
- Prior to the Resort-sponsored candidates filing their motion to halt the June election, they were certified to run for election along with three independent candidates. All previously certified candidates remain certified.
- Additional AAFPO members interested in running for election to the AAFPO Board may apply to be certified as a candidate. AAFPO encourages eligible property owners to apply. More information will be posted on AAFPO’s website explaining the candidate certification application.
- Judge Chavez ruled that appointed directors with unexpired terms must be elected to defined director positions. He stated that doing so is a necessary step to solve the problem of “undefined director positions” in the By-laws and will allow AAFPO to maintain the staggered term structure. Staggered terms are vital to having an experienced Board that can continue Board business without interruption.
- Per Judge Chavez’s order, each candidate will be required to declare the specific director position they are running for. This will prevent future disputes over what director positions are up for election and the associated terms.
- There will be three open positions for three-year terms, two positions for two-year terms, and two positions for one-year terms, for a total of seven seats. As an example, Candidate X declares that they will stand for Seat 1 for a two-year term. Another Candidate Y declares to stand for Seat 2 for a one-year term. Candidates running for the open three (3) year terms will run in a pool of candidates for those three (3) positions. Candidates must declare the position they seek prior to the next nomination meeting.
Once AAFPO’s Motion for Access to the Membership Database is decided by Judge Chavez after the hearing on August 17th, a date for the Annual Meeting and election of AAFPO directors will be determined. Keep in mind that AAFPO cannot complete preparations for a free and fair election without access to the full and complete database of eligible AAFPO members.
As it becomes available, new information will be posted on the Association of Angel Fire Property Owners *official* website: AAFPO.org.