Bizarre board elections... what to do?

Started by SteveS8 • 4 replies • 1451 views

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SteveS8 (New York)
Posts: 128

Posted:

We are a community that is still under the control of the developer. So, our board consists of 4 board members selected by the builder and 3 selected by the residents.

In the 4+ years our community has been around (with, perhaps, 3 or 4 more before the community is sold out), elections were held by asking who wants to run. At an open board meeting, those candidates read a prepared script, and the voting took place.

This year, for the first time, 2 voting resident seats (out of the 3) are opening up, and since this is an important event for the residents, we polled the community, and 93% of those voting said that they would like an opportunity to ask questions of the candidates in a forum and then have some time to decide upon their choice.... sort of like a real election.

I keep hearing about Fiduciary Responsibility, but if the board decides that they will, once again, rush the election without any opportunity for vetting the candidates, is there any way that this is not a total disservice to the residents?

Thanks,
Steve

TimB4 (Tennessee)
Posts: 21,059

Posted:

Steve,

The simplest option would be to contact the Board and request that a Q&A period be added to the agenda.

Another option would be to host a meet the candidates party at your house or make arrangements to use a hall for a Q&A prior to the annual meeting.

A third option would be to volunteer to do an article for the Association newsletter and then go and ask the candidates a list of questions. Compose a simple article and publish it in the newsletter.

Tim

PetunkaM (Florida)
Posts: 1,009

Posted:

Steve,

Your elections are at open board meetings not the members’ meeting? Is that what your By-laws allow? Interesting.

SteveS8 (New York)
Posts: 128

Posted:

I asked about questions prior to the last election. A seat opened up because a board member passed away.
They allowed the seat to stay vacant for 3 months.

Then they sent out a notice and gave nominees two weeks to send in a letter of introduction which had to be in by two days before the election. Residents did not see these letters until that time. At the meeting, the candidates read their letters, no questions were allowed, and they had a vote.

I sent a letter to the board yesterday asking for time for the residents to question the candidates for the 2 board positions coming up. I have no reason to believe they will not do exactly what they did at the last election since I made my opinions known at that time as well.

Requests to use the clubhouse for meetings of residents (especially for discussions on what is happening in the community) are routinely turned down.

The by-laws talk about an annual meeting where elections are held. For four years, that has been an open board meeting, and it will, apparently, be this time as well.

I am well aware that the developer has a majority vote, but do they not have a Fiduciary Responsibility to make sure that elections are held in a manner conducive with getting information about candidates so residents can elect the people who stand for what they stand for?

Steve

PetunkaM (Florida)
Posts: 1,009

Posted:

‘I asked about questions prior to the last election. A seat opened up because a board member passed away. They allowed the seat to stay vacant for 3 months. ‘

That is a different story. In this instance the board may have the right to appoint a replacement without members’ approval or intervention. It should not take them 3 months to find a replacement though.

‘I sent a letter to the board yesterday asking for time for the residents to question the candidates for the 2 board positions coming up. ‘

You are not saying why these positions are coming up? Has their term to serve on the Board expired? Or, have these guys resigned? There is a big difference.

‘The by-laws talk about an annual meeting where elections are held.’

Well, the annual meeting MUST be held at the time and place as specified in your covenants or somewhere. At the annual meeting the board members are not board members but just regular members. Go for it.

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