President Bullying Board Candidate

Started by KerryL1 • 9 replies • 1417 views

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KerryL1 (California)
Posts: 14,550

Posted:

Our annual meeting & election is in a month and our PM put out a call for candidates for three openings on our Board of seven.

Five nominees wrote biographies of 300 words, max, following an outline on our Candidate Statement form which has the categories of Goals; Experience in HOAs; Relevant Work Experience; Civic Org. experience; Why I should be Elected? There's no protocol about how to fill in those areas.

Neither our bylaws or Election Rules have any qualifications other than being a HOA member. Our bylaws require a Nomination Committee that just basically confirms that they're Owners.

The five statements came to us directors on Friday, the day the PM was to send them and ballot materials to our 200+ condo unit Owners via US mail. By state laws, they're due to Owners on Mon. 10/15.

One candidate is an incumbent elected 2 years ago by Owners; a 2nd candidate is an incumbent appointed (3-2 vote) by the Board a few months ago to fill vacancy. He was defeated in previous elections and lives in an HOA a block away. The other three all are fairly new Owner/occupants here.

One of these is "Joe," who joined a Board committee a few months ago and who the president, "Ann," has bickered with at Board meetings. Within hours of us directors receiving the Candidate Statements, Ann sent an email to Mark saying that one of his experience areas was misleading and it'd be 'appreciated" if he'd change it. An upcoming Candidates Night would reveal this misleading statement. Clearly, Ann had checked with Joe's former HOA in another part of the state. Ann went on to write that another candidate, Ben, had written the dates of of his service--back to 1990-- on his Statement. (None of the 4 others did). Ann copied all directors and our PM.

No one has ever vetted candidates previously. Joe sent a reply to all saying he stands by his statement.

1. What is your opinion of Ann's email to Joe? Legal? Proper? Intimidation?

2. Should I let Joe know that the demand for change to his statement only was from the prez, not the Board?

TimB4 (Tennessee)
Posts: 21,060

Posted:

Quote:

Posted By KerryL1 on 09/24/2017 12:27 PM

2. Should I let Joe know that the demand for change to his statement only was from the prez, not the Board?

you should let ann know that, in your opinion, she acted beyond the scope of her authority.
copy the Board.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By KerryL1 on 09/24/2017 12:27 PM

One of these is "Joe," who joined a Board committee a few months ago and who the president, "Ann," has bickered with at Board meetings. Within hours of us directors receiving the Candidate Statements, Ann sent an email to Mark saying that one of his experience areas was misleading and it'd be 'appreciated" if he'd change it. An upcoming Candidates Night would reveal this misleading statement. Clearly, Ann had checked with Joe's former HOA in another part of the state. Ann went on to write that another candidate, Ben, had written the dates of of his service--back to 1990-- on his Statement. (None of the 4 others did). Ann copied all directors and our PM.

No one has ever vetted candidates previously. Joe sent a reply to all saying he stands by his statement.

1. What is your opinion of Ann's email to Joe? Legal? Proper? Intimidation?

2. Should I let Joe know that the demand for change to his statement only was from the prez, not the Board?

I feel the Board President (Ann) does not have the authority to write what she did to "Joe" (Mark?) without a board vote. Cc'ing does not count. Cc'ing as she did misleads "Joe" (Mark?) about who is sending this message. But to me, cc'ing is also saying President Ann is checking in with the other board members on this point. If this is important to the outcome of the election, then I would respond to all (including those cc'd) and say that what Ann emailed represents one board member's viewpoint. Say nothing more. (Ann's status as president is irrelevant. Say nothing about her being president.) Then let Joe (Mark?) decide how to handle this. Ask the Board to take a vote on what should be sent out to members, re Mark's submission.

SueW6 (Michigan)
Posts: 814

Posted:

"No one has ever vetted previous candidates . . ."

Really?

I would say that the Board should have had a clearing house for eligibility of all candidates. Too bad this president personalized the process.

If there is time, establish an election committee to vet the qualifications of all candidates.

The president should keep out of it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I have mixed emotions on this. It is one thing for an owner to call someone out on what they have said and they have that right. It is another thing for any BOD Member to do so. I had to counsel a fellow BOD Member to remember when he said something, people thought the BOD was thinking like that, versus just himself.

I might think about sending out a Email to all the parties involved stating that the original Email was one BOD's Member thinking. It did not come from the BOD as a whole then let it play out come election night.

KerryL1 (California)
Posts: 14,550

Posted:

AS I wrote above, Sue. the only qualification our HOA has is ownership in our HOA. Whether or not candidates must be required to have served previously in an HOA or any nonprofit, and how recently, would be a huge deterrent.

We're rewriting our bylaws next year and we'll have some quails: term limits; only one joint owner at a time on the Board; "in good standing." But that'll be about it.

Thanks to others. I'd really like to see further comments.

(Btw, JohnC, there is nothing dishonest in Joe's Candidate's Statement.)

RichardP13 (California)
Posts: 3,868

Posted:

That is outside the scope of the Board as you stated you have a nominating committee. If such a request should come, it has to be from them.

SueW6 (Michigan)
Posts: 814

Posted:

A Nominating Committee can have its own rules/criteria without going thru the bylaws. Are they having meetings?

They can make recommendations to the board and the board can approve them.

Yes, being an Owner is member is O

KerryL1 (California)
Posts: 14,550

Posted:

In CA and I think in most states, Sue, Committees may not make rules that conflict with the bylaws or, in CA, the required Election Rules. They cannot rec new Rules about elections, nominees, etc., to the Board unless it's to change the bylaws, which require Owners' votes in my HOA.

As noted above, there's nothing dishonest in Joe's Bio and also nothing that would suggest the Board try to tighten requirements for these bios.

Yes, the Nominating Committee met with the PM and determined that the 5 candidates all meet our HOA Ownership requirement.

I'm now working on a short & sweet statement about the Ann's point of view being hers only that I'll send to Joe, copying the Board. As board sec'y, it makes sense that it come from me.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By KerryL1 on 09/24/2017 12:27 PM
Our annual meeting & election is in a month and our PM put out a call for candidates for three openings on our Board of seven.

Five nominees wrote biographies of 300 words, max, following an outline on our Candidate Statement form which has the categories of Goals; Experience in HOAs; Relevant Work Experience; Civic Org. experience; Why I should be Elected? There's no protocol about how to fill in those areas. This volunteered information should be supplied to the Owners, if asked for and received.

Neither our bylaws or Election Rules have any qualifications other than being a HOA member. Our bylaws require a Nomination Committee that just basically confirms that they're Owners. If not required and not provided ... then any OWNER can run.

The five statements came to us directors on Friday, the day the PM was to send them and ballot materials to our 200+ condo unit Owners via US mail. By state laws, they're due to Owners on Mon. 10/15.

One candidate is an incumbent elected 2 years ago by Owners; a 2nd candidate is an incumbent appointed (3-2 vote) by the Board a few months ago to fill vacancy. He was defeated in previous elections and lives in an HOA a block away. The other three all are fairly new Owner/occupants here.

One of these is "Joe," who joined a Board committee a few months ago and who the president, "Ann," has bickered with at Board meetings. Within hours of us directors receiving the Candidate Statements, Ann sent an email to Mark saying that one of his experience areas was misleading and it'd be 'appreciated" if he'd change it. An upcoming Candidates Night would reveal this misleading statement. Clearly, Ann had checked with Joe's former HOA in another part of the state. Ann went on to write that another candidate, Ben, had written the dates of of his service--back to 1990-- on his Statement. (None of the 4 others did). Ann copied all directors and our PM. Do not get in the middle of petty HOA BS. If anyone misrepresented themselves it will come out in the wash.

No one has ever vetted candidates previously. Joe sent a reply to all saying he stands by his statement.

1. What is your opinion of Ann's email to Joe? Legal? Proper? Intimidation? IGNORE ... it is not HOA business ... it is potentiall petty BS between candidates for BOD positions.

2. Should I let Joe know that the demand for change to his statement only was from the prez, not the Board? LOL ... Potentially NO demand to change his statement should have taken place. That was his personal statement ... members can take it or leave it. AND others can dispute appropriately.

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