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KevinF1 (Georgia)
Posts: 7
Posted:
We only have two people interested in being part of our board. The docs allow for one person to serve two positions.

Question... if only two people want the gig, do we still need to have an election? If so, how do we handle the voting?
JM10 (California)
Posts: 503
Posted:
Hi, I'm in California, so all I can suggest is looking to see what your CC&R and state civil codes says about uncontested elections and acclamation.

If there is down the road a problem brought up by another homeowner for whatever reason, consider that person might decide to challenge the authority of the board if there isn't an election.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By KevinF1 on 03/11/2012 9:20 AM
We only have two people interested in being part of our board. The docs allow for one person to serve two positions.

Question... if only two people want the gig, do we still need to have an election? If so, how do we handle the voting?

You have not explained things very clearly.

How many positions are open? One? or two? While one person may fill two positions, do you really have two positions open?

Also, even if you have just the number of people willing to serve as there are open positions, technically speaking, if you wish to follow proper accepted parliamentary procedure, you must still hold an election. I know, it may seem foolish to some, but there are reasons why this is so.

1. Typically, prior to the voting at a meeting of the members, there could be additional nominations for the open position(s).

2. Unless your documents prohibit it, there could be write-in votes.

3. Again, if you are following proper parliamentary procedure, if no one receives a majority of the votes cast, no one is elected to office.

You should hold a meeting for the election. In a situation such as yours, typically the president would open the floor to nominations. If other people are nominated and are willing to accept the nominations, then the ballot would contain all the names. If there are no additional nominations, the president would ask for a motion to close nominations. Following such a motion and second, a vote would be held to close nominations. Following a vote in the affirmative, if there are exactly the same number of people running as there are available positions, the president may ask for a motion that the secretary cast a single ballot to elect the candidates. Following such a motion and second, members would vote on the motion to cast a single ballot. If voted in the affirmative, the secretary would then cast the single ballot electing the candidates to office and the president would announce the candidates had been elected to office and you're done.

It all sounds very formal, but it only takes a few minutes and there's no argument that elections were properly held.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Hi Kevin, when you wrote that your docs allow one person to "serve in two positions," do you mean one person could be, for example, both secretary and treasurer?

But these positions are officers. While officers often--but not always-- are directors, elections by the membership (homeowners) are for directors. In general, the new board of directors appoint the officers. Check your documents on the distinction between directors and officers.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Kevin:

You need to follow your governing documents regarding the annual meeting and election process, no matter what do not bypass to insure legal process is followed. Generally you will have two sections in your documents and one will discuss the Board of Directors while the other will cover Officers. Under the Board section there potentially is a statement mandating X number of Directors. This will be the number the association potentially must have. Now, while you have X number of directors (example 3) that does not necessarily mean that they all must serve as an Officer. You can have one individual serve as allowed by the governing documents in two officer positions (Example: 1 = President and 1 = Secretary/Treasurer then the last one will just be a member of the Board for meetings and voting on board decisions).

Check your governing documents to best determine your answer.

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