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MarissaO (Florida)
Posts: 7
Posted:
If there is only one person running per board spot and a group of people all vote no what happens after that? Do we find new people to run that didn't want to run in the first place? Once the votes are in does that make the previous board null and void?
MatthewW4 (Arizona)
Posts: 500
Posted:
In most associations if the number of candidates is equal to or less than the number of seats no vote would be taken and the candidate(s) would win by acclaimation. If some member wishes to vote against the only candidate he had better being willing to accept a nomination for the seat.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarissaO on 09/12/2013 4:23 PM
If there is only one person running per board spot and a group of people all vote no what happens after that? Do we find new people to run that didn't want to run in the first place? Once the votes are in does that make the previous board null and void?

I am confused. One either votes for a person or not, There is not a NO vote especially when they do not have an opponent. Even then a vote for an opponent is not a NO vote against someone. It is a YES vote for another.

Now having a quorum (enough voters) to actually have an election is another issue.

If no quorum then no election and usually those on the BOD stay on the BOD.

Your docs (usually the Bylaws) will tell you what is needed for an election quorum. It can be a simple majority of those that cast ballots such 2 out of the only 3 that actually voted or 75% of all owners like 300 of 400 must vote. It can vary widely.

I say in your case if only 5 are running for 5 spots then they are elected like in an uncontested election. Not even a need for an election.

MarissaO (Florida)
Posts: 7
Posted:
well see this is a big issue around here because they are saying we are having an election because most of the people on the board have been there 2-3 years and no longer want to be on the board and I should tell we only have 18 homes in our community. I guess what they were trying to accomplish is the homeowners voting whether or not they want that one person as a director. For me I guess the only thing I could do right now is talk to the president of the HOA, and do you guys know if once someone has voluntarily stepped down that they no longer hold that position? Thanks again for all of your help I really appreciate it!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Marissa

With only 18 homes you should consider a 3 person BOD. Three is plenty. Look at you docs to see if they say anything about BOD size.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarissaO on 09/12/2013 5:55 PM

do you guys know if once someone has voluntarily stepped down that they no longer hold that position?

Once someone informs the Board that they resign they no longer hold the position.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarissaO on 09/12/2013 4:23 PM

If there is only one person running per board spot and a group of people all vote no what happens after that?

HOA/COA elections are typically decided by Plurality Voting. That is to say that the person with the most votes win. If there are 3 positions available, then the 3 candidates with the most votes are elected. However, your governing documents can specify a minimum number of votes required.

If there are only 3 positions and 3 people running, and a majority of the people don't want one of the people to win, someone else should have stepped forward and agreed to run so there were 4 candidates. Otherwise, that 3rd person will be elected because it's likely that they will vote for themselves.

Using your example, the results of the voting would be announced like this:

Candidate A is elected to the Board by 18 votes
Candidate B is elected to the Board by 15 votes
Candidate C is elected to the Board by 2 votes.

Quote:
Posted By MarissaO on 09/12/2013 4:23 PM

Do we find new people to run that didn't want to run in the first place?

No. Once the election has been held, those elected are elected.

As pointed out earlier, if individuals didn't want someone to win, they should have made sure that there were more candidates than available positions by running themselves.

Quote:
Posted By MarissaO on 09/12/2013 4:23 PM

Once the votes are in does that make the previous board null and void?

No. The election is valid.
It's just that an unpopular candidate was elected.
That individual won because they were willing to serve when others weren't. One of the consequences of not wanting to serve is that you allow those who are willing to serve to be elected.

Now, once elected, the membership can certainly go through the process of recalling that one Director. Of course, someone will need to be willing to serve to fill the empty seat created by the recall.

See FL 720.303 or FL 718.112, which ever is applicable, for more information about recalls.

MarissaO (Florida)
Posts: 7
Posted:
You guys have been so helpful the silly thing is these people don't have a good reason not to want new this new board other than acting like they are in high school and they just don't like that person. Everybody wanted to step down and now for their own personal reasons all of sudden this board just isn't going to work. Unfortunately, for them I do research and am very thankful to have found this forum, thanks again for the advice.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarissaO on 09/14/2013 5:10 AM

Everybody wanted to step down and now for their own personal reasons

Here is food for thought.

If everyone steps down but that one individual, that one individual may appoint whomever they wish to serve with them on the Board (providing they meet the requirements, if any, in the governing documents).

Every decision by the Board is made by majority vote. In my opinion, it's better that those who think an individual shouldn't serve to remain on the board and cast votes so the decisions go the way they want, then to resign and effectively give the voting power to the one individual they feel shouldn't be serving.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 09/14/2013 5:39 AM
Posted By MarissaO on 09/14/2013 5:10 AM

Everybody wanted to step down and now for their own personal reasons


Here is food for thought.

If everyone steps down but that one individual, that one individual may appoint whomever they wish to serve with them on the Board (providing they meet the requirements, if any, in the governing documents).

Every decision by the Board is made by majority vote. In my opinion, it's better that those who think an individual shouldn't serve to remain on the board and cast votes so the decisions go the way they want, then to resign and effectively give the voting power to the one individual they feel shouldn't be serving.


Pay attention to this. It is solid advice. Especially the bold part. The one disliked person (if the only one left) could end up appointing those he wants.

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