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SuzanneL (Florida)
Posts: 32
Posted:
Our annual election is coming up soon and we will have 3 vacancies. Several members have indicated a desire to run, but they have used an outdated and poorly written candidate form from the former management company. They were given the old form by one board member and I believe they are trying to protest use of a new form because we have a new management company. At least one of the members has refused to use the new form.

I think the nomination committee still has to put them on the ballot if they are eligible even if they refuse to complete the current form. The association plans to include the completed nomination forms when the proxy ballots are mailed. Our management company advises that we only include the current forms that are completed so everything is consistent. The new nomination forms are excellent IMO.

I would appreciate comments on this situation.
CarolF (Florida)
Posts: 435
Posted:
Are you a condo association or single family home association?
PetunkaM (Florida)
Posts: 1,009
Posted:
β€˜I think the nomination committee still has to put them on the ballot if they are eligible even if they refuse to complete the current form.’

I do not understand what information does the new form require and why they refuse to give it?
BradP (Kansas)
Posts: 2,640
Posted:
Maybe I am a little naive and slow on this, but at the end of the day isn't a nomination form a simple piece of paper nominating someone for a position? What would you need other than name and address and possibly a little about themselves? I don't think you need to make it harder than it has to be, if folks want to run find a way to get them on the ballot unless you have the extreme problem of way too many eager volunteers.
SuzanneL (Florida)
Posts: 32
Posted:
We are an HOA.

It shouldn't be an issue, but we have a group that is completely obstructionist. The meeting minutes don't even get approved because 3 board members refuse to adopt them.

The form the nomination committee wants them to use explains the duties and responsibilities of the directors and contains legal language that we want such as permission to disseminate their information to the members with the association mailing.
PetunkaM (Florida)
Posts: 1,009
Posted:
Are not the duties of directors and officers described in you By-laws? Sorry, I am still confused.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our PM types the candidates' info from their forms onto a document so that there's (usually) only one two-sided sheet to be mailed instead of several. Saves on postage.

Do your bylaws state that a particular form must be used?

What do your bylaws say about candidate qualifications? I agree with others that if the candidates are eligible, to deprive them of serving your HOA because of a form is petty and possible illegal.

My understanding is that a Nomination Committee makes sure the candidates qualify per your governing documents. Who's on this nomination committee? Only directors?

Do you have written, board-approved election rules of some sort?
PetunkaM (Florida)
Posts: 1,009
Posted:
Carol, to answer some of your questions:

β€˜What do your bylaws say about candidate qualifications?’

Not relevant. Florida law states that any member as long as he/she is 18 years old and not a felon can run.

β€˜ I agree with others that if the candidates are eligible, to deprive them of serving your HOA because of a form is petty and possible illegal. β€˜
Some Association may request a resume, for instance. That is not illegal.

'My understanding is that a Nomination Committee makes sure the candidates qualify per your governing documents.'

Not in Florida, see above.

Who's on this nomination committee? Only directors?

Nomination Committee is appointed by the Board of Directors.

'Do you have written, board-approved election rules of some sort?'

N/A
CarolF (Florida)
Posts: 435
Posted:
I really don't understand a "nominating committee". Any member can nominate him/her self. I asked whether you are a condo or HOA because the condo statutes are so specific that they even state the size of the paper to be used, and the association MUST send out the information exactly as it is submitted. They can say whatever they want.....even if it is how much "I love my dog." What exactly does the nominating committee decide,or do they just encourage members to run?
RichardP13 (California)
Posts: 1,767
Posted:
Carol

We have Candidate Qualifications, over 18, not delinquent, no two owners from same unit, must be a member/owner, cannot miss three meetings in a row or 3 in 9 months.

We have a partiluar nomination form we use, but they is no standard form or one that must be used.

We qualify candidates with the inspector of elections

We have a set of election rules specifically written for our association using Civil Code 1363.03 as a guideline. By having our own election rules it gives us a little more flexibilty with who we slect as inspectors and how many.
PetunkaM (Florida)
Posts: 1,009
Posted:
We have Candidate Qualifications, over 18, not delinquent, no two owners from same unit, must be a member/owner,

Richard, Florida ain't California and vice versa. Can we please not confuse state laws? In Florida two owners from the same unit can run, providing they are HOA not a condominium.

'cannot miss three meetings in a row or 3 in 9 months.'

And,what this have to do with running for the Board?

We all should think before we post.
RichardP13 (California)
Posts: 1,767
Posted:
Petunka

Really??

I was stating what is in our Bylaws, not California statue. I believe that was the question Carol posed. I do know the difference.

If you are a Board member seeking re-election, missing a specific number of meeting could disqualify you as a candidate.
PetunkaM (Florida)
Posts: 1,009
Posted:
Richard, really? I do not think Carol from California posted the question. Are you really that confused?
RichardP13 (California)
Posts: 1,767
Posted:
Looks like someone woke up on the wrong side of the room
PetunkaM (Florida)
Posts: 1,009
Posted:
Looks like someone woke up on the wrong side of the room

Richard, the games you play.
CarolR11 (Colorado)
Posts: 2,563
Posted:
So, Suzanne: If, as Petrunka asserts, the ONLY permissible qualifications are 18 or older/Assoc. member/non-felon then completing the "wrong from" cannot legally disqualify the candidate(s).

And, again, Suzanne, just who is on the Nomination Committee? Are they directors? Our Nomination Committee has a charter which outlines its duties. Does yours? What does it say?

Also, I do not think that the PM has the authority to insist that a certain form be used. The Board at a meeting, however, may wish to adopt the new form for future elections perhaps based on a recommendation from the Nomination Committee or from the PM.

What I'm trying to learn from you, Suzanne, is who or what entity in your Association has the authority to demand that a certain form be used?

Petrunka, I do know that boards appoint Committees. I did not ask Suzanne who appointed that committee.
PetunkaM (Florida)
Posts: 1,009
Posted:
β€˜Petunka, I do know that boards appoint Committees. I did not ask Suzanne who appointed that committee.’

Carol,

If you know the Board appoints Committess why did you ask : β€˜Who's on this nomination committee? Only directors?’
Look, all these questions you have asked are just too confusing. It is not your fault that you may not be acquainted with Florida laws. But do acknowledge that not all states operate as California.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Suzanne,

The options I see are:

1)Ask the the candidates complete the new form (explaining the mistake)
2)Copy the information onto the new form for them
3)Go ahead an publish the two forms in the package this time.

I do believe that the individuals should be on the ballot as the mistake wasn't the candidates but the Director who provided the forms.

Does it really matter if the old form was provided as a form of protest vs. a simple mistake? You have people willing to step forward and serve on the Board. Thank them. Try to correct the minor issue and not repeat it in the future.

Tim

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