SC HOA Board elections

Started by RebeccaB3 • 2 replies • 1329 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RebeccaB3 (South Carolina)
Posts: 16

Posted:

Hello everyone,

Our community of 138 homes is currently holding the annual election. We have 7 board members and this year 4 terms expire. The By-Laws allow the Board to set the opening and closing date for owners to submit their names and bios to be considered a candidate. The board sent out the call for candidates with a closing date of 8/23 at 4:00 p.m. via e-mail, hand delivery to the HOA office or via US Mail.

A submission came in via e-mail at 4:03 pm. The community is still being built and a complicating factor is that the Declarant also functions as the builder and also owns an undeveloped lot as an HOA member. He also holds a position on the board and basically votes himself on each time his 2 year term expires and the late candidate was submitted by the Declarant/Builder/owner/Board Member.

The current board is now arguing about whether that candidate should be on the ballot. Some feel the 3 minutes is not significant and others feel that a deadline is the deadline and even 3 minutes is late. We do not have a management company.

Comments/thoughts please on this big hairy mess.

Thanks in advance for your insights.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By RebeccaB3 on 08/30/2013 1:50 PM
Hello everyone,

Our community of 138 homes is currently holding the annual election. We have 7 board members and this year 4 terms expire. The By-Laws allow the Board to set the opening and closing date for owners to submit their names and bios to be considered a candidate. The board sent out the call for candidates with a closing date of 8/23 at 4:00 p.m. via e-mail, hand delivery to the HOA office or via US Mail.

A submission came in via e-mail at 4:03 pm. The community is still being built and a complicating factor is that the Declarant also functions as the builder and also owns an undeveloped lot as an HOA member. He also holds a position on the board and basically votes himself on each time his 2 year term expires and the late candidate was submitted by the Declarant/Builder/owner/Board Member.

The current board is now arguing about whether that candidate should be on the ballot. Some feel the 3 minutes is not significant and others feel that a deadline is the deadline and even 3 minutes is late. We do not have a management company.

Comments/thoughts please on this big hairy mess.

Thanks in advance for your insights.

In my opinion the candidate should be on the ballot.

Unless your bylaws specifically state a deadline for the submission of a nomination (a candidate submitting his/her name is self-nominating) then, according to parliamentary law, nominations can be made up until the election actually takes place. A candidate may be nominated (from the floor) by anyone in attendance at the annual meeting, or the candidate may nominate himself or herself. This is based on the premise in parliamentary law that anyone can write in the name of a candidate on an election ballot and that a person may vote for themselves.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Rebecca

I agree with Bruce.

Also splitting hairs over 3 minutes is short of being embarrassing and the type things about HOA's that make bad press in the local news. Especially if they play the disabled and/or vet card. I can see it now. Stay tuned at 6PM for a report on a HOA that is not allowing a disabled vet to run for office based on being 3 minutes late. Man could I round up all the bar-flys at all the local vets organization for a protest at your HOA

I also say 3 minutes is anal thinking.

I also believe a good techno geek could make the argument that is was sent before the deadline but the system/servers you all use for Email were unable to deliver it on time thus the 3 minute delay.

All in all, drop it. Allow the person on the ballot.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here