HOA annual meeting and election

WE have 7 members on the board ,we need four canidates to run.We now have four to run, the remaining board is saying that they can call for nominations on the floor for candidates at the annual meeting and have an election by the people present.As chairman or the election board. I was informed if I had the four candidates that we did'nt need to have an election that those four candidates would walk on?If you could inform me as to the proper answer.

our bylaws state nothing in there about nominees from the floor.We run by roberts rules 720 but I can't see to much in there about secret ballot voting and what procedure we would use.We've never come across this in all the years,we've always had candidates and we do now the four we need.

Strictly speaking, if you are following Robert's Rules and the election is by secret ballot, nominations from the floor are unnecessary because a member may write in the name of any eligible member on the ballot. (RONR, 11th ed., p. 430). However, unless floor nominations are prohibited by the bylaws (which you indicate they are not) then, in most societies, it is customary for the chair (president) to call for nominations from the floor (RONR, 11th ed., pp. 431-432). Furthermore, a member need not be recognized by the chair to make a nomination, nor is a second required (RONR, 11th ed., p. 432). If the bylaws state that the election must be by ballot, and there are as many candidates (or fewer) than there are vacancies, it is out of order to make a motion to elect the candidates by acclamation or to make a motion to have the secretary cast one ballot for all the candidates. The is explained on the Official Robert's Rules website and has also been told to me by professional registered parliamentarians. The reason is that the bylaw provision requiring the election to be by ballot is intended to give every member the right to write in the name of any eligible individual.

Also, a little-known fact is that, according to Robert's Rules, each candidate must receive a majority of the votes (ballots) cast to be elected, even if you have exactly the same number of candidates (or a smaller number) than there are vacancies (RONR, 11th ed., p. 405). In other words, suppose you have four vacancies and 100 ballots are cast. The results are: A receives 70 votes, B receives 62 votes, C receives 51 votes, and D receives 48 votes. A, B, and C are elected, but D is not. (This interpretation was also verified by a professional parliamentarian.) You would have to reopen nominations and cast another ballot for the remaining vacancy. That is, if you are truly following Robert's Rules.

You can do whatever you want, but then you are not really following Robert's Rules.

In my association we do not allow nominations from the floor. Per state law, we must allow members to vote by absentee ballot or in person but voting by proxy is prohibited. Therefore, the slate of candidates is established by self-nomination and ballots are mailed to the members before the annual meeting. Ballots may be cast at the annual meeting but mailed-in ballots are counted prior to that time. The above process makes it futile to nominate from the floor as nearly all members have already cast their votes by the time of the annual meeting.

Our election is done by secret ballot the ballots are sent out not lessthan 14 or more than21 days in advance how can you have write on when alot of the ballots are already sent in?Secret ballot or absentee?

I agree. Carol nailed it.

In re-reading the OP questions, they state that as the chairperson of the election board, they had four candidates for the four positions available. My questions would be 1) did you stop at four, 2) how many on the remaining board decided to allow floor nominations, 3) if you are voting by ballot are there write-ins, 4) do they even have election rules.

In California, we are supposed to have election rules that specifically address certain issues. I have attached a link to what one might look like in our state. http://haciendamanagement.net/Mountain%20Glen%20Terrace%20Election%20Rules-Sample.pdf

When developing this set of rules, one of the areas I reviewed was what was supposed to take place at the Annual meeting. Everyone assumes that elections are supposed to take place, but a vast number of Bylaws only stated that a meeting was supposed to be held on so and so month or date, but never address what is supposed to happen. Here is the language in my own Bylaws, "The annual meeting of the Members shall be held each year during the month of September at such time and date as may be designated by the Board; provided, that such date shall not fall on a legal holiday."

Seems Dot came here for answers and got some that seemed to nail it, then got more replies that confuse it.

Allison

Based on what Dot said, I believe it is a 7 person BOD with 4 vacancies and only 4 running. Most seem to believe FL 720 says if that is so then no election nor nominations for the floor are needed. The 4 are in. What am I misunderstanding?

Richard

If Dot is in FL then what does she care about what CA whatevers say?

At first I thought Dot was being helped. Now I think she might be being confused. I know I am....LOL

yes it is a 7 member board and the three left are wanting to hand pick the four members.the four running are in good standing they are just not in the click so their trying to confuse things and its working.Are bylaws have nothing in there for this and we do run by roberts rules and secret ballot,my problem is how do you do secret ballot and nominations from the floor its scary!thank you all so much for your help,it has helped and hopefully we can rrsolve this before January

Instead of mailing out ballots, you mail out directed proxies. On the proxies provide a space for write-in candidates and explain that there will be nominations from the floor.

At the meeting, when people check in, you hand them a ballot with the announced candidates along with spaces for write-in candidates who may be nominated from the floor. Vote at the meeting (note, the proxies will need to be transferred onto ballots because only ballots are counted).

We hold nominations from the floor every year and that is how we do it.

I've attached a sample directed proxy and a sample ballot that may be helpful.
Of course, your governing documents and/or State Statutes must allow the use of proxies for this to work.

Hope it helps,

Tim

I am not an attorney in florida, but if you read the Florida Statutes 720.306 you will see that the language changed in July 2013 and reversed the prior language. Prior to 2013, the law was that you were REQUIrED to take nominations from the floor at the Annual Member's Meeting. The change is that IF YOU GIVE OWNERS AN OPPORTUNITY TO DECLARE THEIR CANDIDACY prior to the Annual Meeting, you DO NOT HAVE TO ACCEPT NOMINATIONS FROM THE FLOOR.

So the real issue is that an HOA should have a policy of a window (should be with the first notice of Annual Members Meeting - and solicit candidates in writing prior to the meeting. This will avoid last minute candidates and will often result in an election by casting one vote for the slate (if the number of candidates is equal to the number of seats.