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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NancyG3 (North Carolina)
Posts: 342
Posted:
How do I nominate a candidate for director from the floor?"
TimB4 (Tennessee)
Posts: 21,062
Posted:
As provided in a different thread:

Well, at some point the President should open the floor up for nominations. At that time, all you have to say is:

I nominate (first and last name).

The President may say (well should say but sometimes it's not done), do we have a second. Someone else will say "I second that nomination." Expecting that the individual is there, the President may ask if the individual accepts the nomination.

Note: We would bring a white board to the meeting so we could write names down of those who were nominated from the floor. This allowed the members to be able to spell the name correctly when they wrote them in on the ballot.
KerryL1 (California)
Posts: 14,550
Posted:
We haven't done it in my HOA, but Tim's method sounds good. Remember,though, this is a meetings of your HOA's members, not a board meeting. So, the board president doesn't have complete control as he does at board meetings. You HOA members may make a motion to nominate XX and another member can 2nd your motion.

But do you have to have a quorum of owners present to vote in someone who's not on the ballot that went out in the mail? I know from your other post that the board only listed two names for three openings.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Nancy

Typically the Election Committee (the one running the election) will verify known candidates, if there is a quorum, etc. and if an election is to be held. They will then ask are there any further nominations. This is the time to make nominations from the floor.

Based on what you have said about your BOD, do not expect them to follow proper procedure. You may have to take the bull by the horns to be sure they allow nominations from the floor.

Nominations from the floor are rarely successful especially if there were enough prior candidates for a full slate.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By TimB4 on 07/18/2014 9:58 AM
The President may say (well should say but sometimes it's not done), do we have a second. Someone else will say "I second that nomination."

According to normally accepted parliamentary procedure, such as Roberts Rules (p 432), a second to a nomination is not required, although it is not out of order. This is perhaps the reason that in some societies the president does not ask for a second. The premise behind this is that a person's name can always be written on the ballot (write-in vote) when neither a nomination nor a second was made.

Thus "should say" is not correct under accepted parliamentary procedure.
KerryL1 (California)
Posts: 14,550
Posted:
I'm glad you checked in, Bruce. Can you elaborate on how the members may proceed during their meeting? By that I mean, the president of Nancy's HOA seems to have been uncooperative in permitting a third director --there are 3 openings--to be on the ballot even though their bylaws specify five directors. So she and others are going to try nominating this 3rd person from the floor.

I was hoping you had some procedural advice for her.
NancyG3 (North Carolina)
Posts: 342
Posted:
Bruce & Kerry - The way our by-laws read is that 1 year vote for 2 directors and the next year vote for 3 directors. This year was the year to vote for 3 directors and the Pres. on put 2 directors position to be voted on this year. Me and 3 other owners went to their board meeting and finally got thru to the board that they were wrong and one of the directors came up with nominating the 3rd director from the floor. I said I would nominate him, but, I don't know how to word the nomination. I would like to say "I nominate _________as the 3rd Director to serve 2 years". Would this be OK because I want everybody there to know we are electing a Director. Thanks Nancy

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By NancyG3 on 07/18/2014 7:12 PM
I would like to say "I nominate _________as the 3rd Director to serve 2 years". Would this be OK because I want everybody there to know we are electing a Director.

That statement works perfectly fine, but it may be more than necessary.

Usually, floor nominations are opened for a particular position (director, or in some societies, an officer such as president, vice-president, etc.). Since it is the duty of the president to make it clear to everyone what position is open for nomination, simply saying, "I nominate _______" should be sufficient.

If directors are being nominated for different terms then the president should indicate the length of the term for which nominations are open. Each different term is treated separately.

I think the best method, which is what we use, is to simply nominate individuals for the position of director and then let the people, by their votes, determine the length of the term. The individual(s) with the greater number of votes receive the longer term and those with the fewest votes receive the shorter term.
KerryL1 (California)
Posts: 14,550
Posted:
Bruce, is the president does not invite nominations from the floor, may a member raise this topic?
NancyG3 (North Carolina)
Posts: 342
Posted:
JohnC46 - We do not have an election committee and the only ones running the election is the Board. I'm hoping the Pres. will ask for nominations from the floor because this is what we agreed on. I don't know if he will explain about anything to the homeowners.
NancyG3 (North Carolina)
Posts: 342
Posted:
Tim: There won't be any other nominations. Nobody wants to be on the Board. I suspect the person I'm nominating didn't want to stay on the Board but decided he would stay.
Thanks for you help.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By KerryL1 on 07/19/2014 8:55 AM
Bruce, is the president does not invite nominations from the floor, may a member raise this topic?

To start with, you need to look to your bylaws to see if there is a prescribed method for nominating individuals to serve as directors. If so, then you need to follow that.

Parliamentary procedures, such as Roberts Rules, describe several methods for nominations. Any one of them, or a combination, may be used by your organization. If nominations from the floor are allowed by your organization and the if the president fails to call for nominations from the floor one can certainly call it to the president's attention but they should be prepared to cite the appropriate source for that requirement.

As always, if you have a president who doesn't know the rules, chooses to ignore them, or makes up his or her own, then don't expect any cooperation.
KerryL1 (California)
Posts: 14,550
Posted:
So there you are, Nancy. If I understand Bruce right, if your bylaws permit nominations form the floor, and your prez doesn't invite them, one of you HOA members can go ahead and make such a nomination.
NancyG3 (North Carolina)
Posts: 342
Posted:
Outcome of annual meeting. The ballot had the 3 Directors listed. All the Pres said was that there were 3 incumbent Directors on the ballot. Nobody questioned him. He did ask for nominations from the floor and there were none. Then he asked that the Directors be elected by acclamation, someone made the motion and another homeowner seconded. There was no voting. I know this was not the correct way according to our by-laws, but, I'm satisfied the way it turned out. Thanks to everyone for your information.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By NancyG3 on 08/02/2014 7:57 AM
Outcome of annual meeting. The ballot had the 3 Directors listed. All the Pres said was that there were 3 incumbent Directors on the ballot. Nobody questioned him. He did ask for nominations from the floor and there were none. Then he asked that the Directors be elected by acclamation, someone made the motion and another homeowner seconded. There was no voting. I know this was not the correct way according to our by-laws, but, I'm satisfied the way it turned out. Thanks to everyone for your information.

This is often done, and my be proper in some cases. If the bylaws require the election to be by casting a ballot, a motion to elect the directors by acclamation is out of order because it violates the bylaws. People sometimes don't realize this subtle fact.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By BruceF1 on 08/02/2014 8:33 AM

This is often done, and my be proper in some cases. If the bylaws require the election to be by casting a ballot, a motion to elect the directors by acclamation is out of order because it violates the bylaws. People sometimes don't realize this subtle fact.

My first thought it the bylaws should be amended to allow voting by acclamation to avoid the useless process of casting votes when the candidates are unopposed.

But then I wondered, suppose you do have an election under those circumstances and one of the candidates receives exactly zero votes even though he is not opposed? Or one or more of the candidates receives less than a majority of votes? Or the number of votes cast is less than a quorum? It seems like you have created a whole lot of problems when you already know that only three people are willing to serve in the three open positions.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By LarryB13 on 08/02/2014 8:51 AM
Posted By BruceF1 on 08/02/2014 8:33 AM

This is often done, and my be proper in some cases. If the bylaws require the election to be by casting a ballot, a motion to elect the directors by acclamation is out of order because it violates the bylaws. People sometimes don't realize this subtle fact.


My first thought it the bylaws should be amended to allow voting by acclamation to avoid the useless process of casting votes when the candidates are unopposed.

But then I wondered, suppose you do have an election under those circumstances and one of the candidates receives exactly zero votes even though he is not opposed? Or one or more of the candidates receives less than a majority of votes? Or the number of votes cast is less than a quorum? It seems like you have created a whole lot of problems when you already know that only three people are willing to serve in the three open positions.


Actually, according to Roberts Rules (page 443) if there are exactly as many candidates as there are vacancies, and there are no further nominations, a motion to elect the candidates by acclamation is not even necessary. As long as the bylaws do not require voting by ballot, the chair (or president) can simply declare the candidates elected by acclamation. However, it is also stated that if the bylaws require voting by ballot, that is what must be done. I once believed you could get around this by passing a motion to have the secretary cast one ballot. I posed this question on the official Roberts Rules website and was told that this, too, was improper because the purpose of a ballot is to allow for write-in candidates. This appears wasteful, too, since it is highly unlikely a write-in candidate will obtain enough votes to be elected.

Roberts was written to try to achieve a balance between the rights of the majority, the rights of the minority, and the rights of the individual. Unfortunately, perfect balance is not possible resulting in situations that don't always seem to make sense.

Also, according to Roberts, a candidate must receive a majority of the votes cast to be elected. As long as a quorum is present, the number of votes cast does not have to equal a quorum unless the bylaws require it.

In Connecticut, state law requires that association meetings be conducted according to Roberts Rules, so we gotta do what we gotta do.

🎯 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