How do staggered terms work when there is no record?

Question

Our Bylaws specify staggered terms,

5.5 Election and Term of Office. At the first (1st) annual meeting of the Association the term of office of two (2) of the Directors shall be fixed for one (1) year, the term of office of the two (2) of the Directors shall be fixed at two (2) years, and the term of office of the remaining one (1) Director shall be fixed at three (3) years. At the expiration of the initial term of office of each respective Director, his success shall be elected to serve a term of three (3) years. The persons acting as Directors shall hold office until their successors have been elected and hold their first (1st) meeting.

So essentially every year one or two people are elected or reelected to a three year term. What happens however if no one knows whose time it is to go, and that record has been lost?

• Do they draw straws or something of the like?
• Or, does the community potentially lose the staggering and the accountability? Granting all five board members fresh three year terms which provides for no elections in the interim?

Answer 1

Whatever works that gives effect to the intention

The intention is to have staggered terms so however the community can agree to do this is fine: draw straws, by agreement, declare all positions vacant and treat the next election like the first.

If the community can't agree then there is a relevant court or tribunal that can impose a solution.