HOA Candidate Resigned After Name on Ballot

Started by LuanneF • 7 replies • 1750 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LuanneF (Florida)
Posts: 8

Posted:

We have a small FL HOA with about 30 members. There were 4 people running for the BOD (3 current BOD and a new candidate). Secret ballots were mailed out with the 4 people on the ballot.

One BOD member wrote a letter to about one-half of the members and told them to vote for the current 3 BOD members and that the other candidate withdrew. The remaining one-half of the members were not notified. This letter did not come from the offical BOD but just one member of the BOD. Very unethical.

Recalling this BOD member will be difficult. Would you ask the BOD to start the nominating/election process over, or let the vote happen and contest the election with the state arbritation committee.

How would you proceed?

RichardP13 (California)
Posts: 1,767

Posted:

Did the other candidate actually resign? If so, that's politics.

LuanneF (Florida)
Posts: 8

Posted:

The candidate that supposedly withdrew was a wife of the BOD member that sent the letter. Did she actually send a formal letter to the official BOD stating she withdrew? Don't know.

LawrenceC1 (Georgia)
Posts: 480

Posted:

So the husband of a board candidate sent a note to certain members saying that his wife had withdrawn? If his wife has not actually withdrawn I foresee a divorce in the near future. :-)

This brings up a couple of questions:

1) Do your bylaws allow a husband and wife to both serve on the board simultaneously? This would seem to be a bad idea and is prohibited by most Association documents.

2) Did the board follow up the rogue message with a clarification? If so, was this in time to put things right before the election?

LuanneF (Florida)
Posts: 8

Posted:

It's all politics and this BOD is a very controlling person.

Our bylaws do not prohibit a husband/wife from serving at the same time, and non-members are even allowed to be on the BOD. A group of us will be working to get that changed at the upcoming members meeting, because this BOD is the type that will solicit friends and family to serve.

The BOD has not yet done anything, but in all fairness, this unethical letter was just discovered Jan. 1. The BOD was notified about the letter via email yesterday. Our election is Jan. 22.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The vote would continue as planned. Nothing official was sent out by the Board. Therefore, there should be no change in the Boards planned course of action.

If the board chooses to, they could send a letter saying that they are aware that some members received a mailing indicating that a candidate withdrew. However, the Board has received no official notice and the mailing was sent without the boards knowledge or permission.

Then move on with the vote.

LuanneF (Florida)
Posts: 8

Posted:

New twist. Reread the letter sent to certain members and it states she will withdraw at the members meeting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

OK. Doesn't change a thing. I would expect that any member of the Board may resign at anytime. I wouldn't worry about it a whole lot.

I expect that your nominating committee completed their job by recommending nominees.

The Board did it's job by mailing out notices, ballots, etc.

Just as if you had a write in candidate who then refused to accept the job or an existing board member resign at the first meeting, the board moves forward and appoints someone to fill the vacant seat.

You may want to consider the option of accepting nominations from the floor if that person pulls their name prior to the vote.

Tim

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here