Both Want to Be President

Started by CarolR11 • 3 replies • 994 views

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CarolR11 (Colorado)
Posts: 2,563

Posted:

Please reply ASAP!

Our Annual Meeting & Election is tonight, after which our Board of 7, only 6 will be present, will meet in our Organizational Meeting to elect officers.

I've been president for a year and want to be president again. Last night a director phoned me to say that she'd like to be president; she'd "like to give it a try." I assume she has some support, but I don't know.

As the Org. Mtng. is open to homeowners, may I campaign by contacting other directors today? I don't want to violate California's Open Meeting Act.

I've been on the board for 5 years, but the office of president has never been contested. What is the protocol at the Org. Mtng.? Do we each give a little speech to our fellow directors before there are discussions, motions and debate? Do director ask us questions?

May directors vote by secret ballot?

What do we do if there's a tie vote?

I'll appreciate your help!!

JeffR7 (California)
Posts: 251

Posted:

You are saying that your annual meeting and elections are tonight and right after that you'll have your board organizational meeting.

Are you aware that in CA elections must be done by a secret ballot and members must be given at least 30 days to submit their ballots. Is today the nomination meeting or ballot counting?

Officers are appointed by the board, not general membership. How can you campaign for your post if you don't know who will be on the board. I know you probably know, but it could turn out to be different from what you think. In fact you don't even know if you'll be on the board.

To answer your direct questions you can do campaigning and if you have two contenders for a position the board will decide. Your bylaws may already spell out the procedure for officer appointment and for how to break a tie.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I knew I could count on you, Jeff.

Trying to be brief I l didn't include the following: Our annual election for directors is uncontested, there will be one new director and 2 who will be re-elected. If history is any guide, there will be no nominations from the floor. Even if there were, with anticipated light attendance there wouldn't be enough votes for such a candidate. (I still have a year to serve of my 2-yr. term.) We follow our election rules, per CA civil code, to the letter. Tonight, our Inspectors of Election will tabulate the ballots. Immediately following the annual Meeting, we'll convene our Org. Mtng.

Yes, I'm aware that only directors appoint officers--I've served on the board for 5 years. So I want to know if it's OK if I contact directors today to ask them to support me for president.

While our bylaws discuss the appointment of officers, they are silent on tie votes among directors for officer positions. Hmmm, guess I could check CA corporations code.

JeffR7 (California)
Posts: 251

Posted:

Carol, there is nothing that would prevent you from campaigning. Of course you can do it. The only limitation is that if you are allowed to do it the other person must also be allowed.

Good Luck.

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