Deny nomination of another? (NH)

Started by StephanieJ1 • 7 replies • 2079 views

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StephanieJ1 (New Hampshire)
Posts: 1

Posted:

Hello all,

This is my first visit to HOATalk, please forgive my naivety.

There is an opening in our neighborhood HOA, and although there is an overwhelming favorite to fill the position, the board President is "denying" this person's nomination (without any grounds cited). As in, he won't hear it, consider it, moving right along...

Fundamentally, this seems discriminatory in any arena of governance. Is there any federal law that would defend the nominee or debunk the efforts of the President?
Google search, FindLaw, etc. not providing much clarification.

Bylaws do not appear to have any provision for denial or approval of nominations.

Any thoughts? Thank you!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Stephanie,

Somewhere in your ByLaws, it should state that all members of the association , in good standing, shall be able to serve on the Board. If not there, look under your Articles or Charter for elections which should have an eligibility statement.

So get the membership onvolved if this person is "an overwhelming favorite" Do a write in if they are allowed but my first choice would be to search the ByLaws.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I don't know why the president is "vetting" the nominees, but unless he has a REAL good reason (like the member is not in good standing" ) HE is out of order.

And someone should have shouted that when the nomination was denied for candidacy.

PS_ Don't your bylaws say something about a Nomination Committee?

JonD1
Posts: 2,350

Posted:

From your details it would seem the President is acting wrongly. They alone do not have the right to bar someone from running without providing some valid and legal reason.

Where are the other members of your Board on this? Silent?

If this candidate has strong support it would be time for that support to voice their wishes directly not only to the Board President but alos the remaining members of your Board. Perhaps you need to find some others willing to run.

Just curious please explain your role in this? Is there any reason perhaps you are unaware of that might result in the President's actions?

GlenL (Ohio)
Posts: 5,491

Posted:

The only two reasons I can think of for denying the nomination is as others have said he is not a member in good standing i.e. way behind in his assessments or he is not a member at all. If he is not on the deed as a registered property owner and the CC&R's mandate that Board members be members then this would disqualify him.

Studies show that 5 out of 4 people have problems with fractions

KellyM3 (North Carolina)
Posts: 2,239

Posted:

I would think that the board of directors could control who is appointed to fill a vacant position. The popular candidate could be elected independently of board action through the election but you must wait. Where was this popular candidate when elections were held?

GlenL (Ohio)
Posts: 5,491

Posted:

Good catch Kelly, when I saw the word nomination, my mind as I'm sure others went to election but if the Board is appointing a replacement they can be rejected without explanation.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

And if the bylaws say the President appoints the person to fill a vacancy to the board, there is no explanation needed if he/she won't consider the input of others on the board.

opening, nomination does not equal vacancy, appointment

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