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RobertM25 (Florida)
Posts: 12
Posted:
How does a nominating committee or board disqualify a candidate before the ballots are printed ? and what ethical/legal/socially acceptable way can this be done. This candidate has taken a combative positions toward the association and the members of the board
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are they an owner? Are they up to date with their dues? Then you can't disqualify them. If they have a bad attitude, it will speak for itself. No one has to say a thing. I find a rope and not a lot of slack, usually does the trick. Remember people elect the board members to represent them. Do you really think people want them to be elected? Besides, if they do get elected, they will have their eyes opened and name called just like they do now.

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
This candidate has taken a combative positions toward the association and the members of the board


That is not a reason to disqualify them. You could simply not vote for them....... or murder. Voting for someone else is easier.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Robert

What you can do is voice your concern about the person if he gets nominated. Meaning work against his election. Can be tricky if you are on the BOD as you will have to make it clear you are only speaking personally, not for the BOD. If you are not on the BOD then have at it.

All is fair in politics.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By RobertM25 on 02/12/2014 10:36 AM

This candidate has taken a combative positions toward the association and the members of the board

Are you suggesting that only those who agree with the current board should be allowed to run? What is wrong with allowing the voting members to decide for themselves?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RobertM25 on 02/12/2014 10:36 AM

This candidate has taken a combative positions toward the association and the members of the board

Heck, if that was a disqualifying factor, many of us would have never been allowed to run for or serve on our Board of Directors or various committees.

The only way to disqualify a candidate would be based on your governing documents and applicable State laws. If your governing documents do not specify any qualifying factors, then there would be nothing in your governing documents to support a disqualification. Even if the individual was delinquent in assessments, without that being a qualifying factor, you would need to allow that individual to run. Their delinquency would simply prevent them from casting a vote on the issue.

Typically, applicable State statues will only address allowing all members to run vs. what would prohibit members from running.

My advice is to review your governing documents and applicable State statutes to see if there is a qualifying factor that isn't met by the individual. If there isn't anything that specifically disqualifies the individual, you need to allow them to run.

PeterD3 (Florida)
Posts: 708
Posted:
Your documents may, and Florida's statutes will, clearly define what the disqualifiers are.
RichardP13 (California)
Posts: 1,767
Posted:
What happens when you have an older association, with older governing documents, more specifically the Bylaws, that didn't have any qualifications for a director, BUT, a nominating committee was in charge of vetting candidates. They may not be allowed in some states, but still allowed in others. In Florida, they aren't allowed for condos, but still allowed for HOA's.
GlenL (Ohio)
Posts: 5,491
Posted:
For HOA's:
720.306 Meetings of members; voting and election procedures; amendments.—
(9)(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.

For COA's:

718.112 Bylaws.— (The section is long and involved & I only posted the relevant section. I urge anyone interested to read the whole section)

(2)(d)(2)~~~Any unit owner desiring to be a candidate for board membership must comply with sub-subparagraph 4.a. and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date such person seeks election to the board. The validity of an action by the board is not affected if it is later determined that a board member is ineligible for board membership due to having been convicted of a felony.

Studies show that 5 out of 4 people have problems with fractions
CyrstalB (Maryland)
Posts: 457
Posted:
We had a similar instance with our board, he was nominated at the meeting and his goal of trying to get rid of the HOA became apparent immediately. Nature takes care of itself, so if you can't stop the nomination of this member, allow them on the board and document thoroughly.

When people have a self serving attitude upon joining the board, they soon find out it's not at all what they thought it would be. After two board meetings where he backed himself in a corner did he resign. And that was the day after we mailed a letter to the HOA, spelling out the conflict of interest. Give them enough rope to hang themselves and they will do just that. Let it be and it will be as you wish.
RichardP13 (California)
Posts: 1,767
Posted:
Glen

You only pointed out what the qualifications are. The relevant point is that in certain cases, nominating committees will control the day and IF governing disallow nominations from the floor, you could have a committee re-validate an existing Board with no competition from others.

Section 720.306(9).. Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any challenge to the election process must be commenced within 60 days after the election results are announced.
RuthR2 (Washington)
Posts: 1
Posted:
I am in Washington State and have read through all of the governing documents for our HOA. I understand the part about not being a member in good standing. However, we have a current candidate that was on the board as President 5 years ago but quit after only a short time. What if the candidate lies, embellishes, and/or grossly exaggerates his accomplishments during his previous tenure? Is there a rule for that?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RuthR2 on 02/23/2015 11:29 AM
What if the candidate lies, embellishes, and/or grossly exaggerates his accomplishments during his previous tenure? Is there a rule for that?

Yes, it's the rule of politics.

Keep in mind that the Board is a team and anything the team does, all can claim credit for accomplishing the task as a team

If you have proof of actual embellishments, then bring it up prior to voting.
However, do it politely.

Ask something like - You say xyz - but the minutes show abc, can you explain this?
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By RuthR2 on 02/23/2015 11:29 AM
What if the candidate lies, embellishes, and/or grossly exaggerates his accomplishments during his previous tenure? Is there a rule for that?

Tim's exactly right! If the candidates lying, embellishing, and/or grossly exaggerating accomplishments could disqualify somebody, Congress would be empty, along most state, city, and town governments.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DouglasK1 on 02/23/2015 11:46 AM
Posted By RuthR2 on 02/23/2015 11:29 AM
What if the candidate lies, embellishes, and/or grossly exaggerates his accomplishments during his previous tenure? Is there a rule for that?


Tim's exactly right! If the candidates lying, embellishing, and/or grossly exaggerating accomplishments could disqualify somebody, Congress would be empty, along most state, city, and town governments.

Well said.
KerryL1 (California)
Posts: 14,550
Posted:
With some others above, Ruth. Whether or not you're on the Board, you may personally campaign against this person and raise doubts about him. Or even a group can send latter to campaign against him. Just make sure (if you're on the board) that your readers know that this is not a position of the Board and that HOA funds aren't being used.
CfD (Virginia)
Posts: 265
Posted:
I agree with most of what Larry and Tim say, except for lying. If someone on the board is lying about anything to get reelected, knowingly, I'd consider that a breach of his or her fiduciary duty.

TimB4 (Tennessee)
Posts: 21,059
Posted:
CF, the individual isn't currently serving on the Board. They have in the past but are not currently serving. Hence, they currently have no fiduciary duty.
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By CfD on 02/24/2015 5:54 AM
I agree with most of what Larry and Tim say, except for lying. If someone on the board is lying about anything to get reelected, knowingly, I'd consider that a breach of his or her fiduciary duty.


Lying, embellishing, and/or grossly exaggerating is not a breach of fiduciary duty. Fiduciary duty is a duty to act solely in the best interests of the association. A breach of that duty would more likely be having a conflict of interest, profiting from the position without the consent of the association members, or taking some other action that was not in the best interests of the association.
KerryL1 (California)
Posts: 14,550
Posted:
But as Ruth points out, this man is NOT currently on the Board.

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