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ChristinaB2 (California)
Posts: 23
Posted:
If you have 2 positions open on your board and you only have 2 candidates with no opposers is there a need for vote or are they automatically ensured a position on the board.
MarkM19 (Texas)
Posts: 1,459
Posted:
Christina,
I may screw up the exact term but I believe it is called "Elected by Abstention" The answer to your question is no. The HOA can save the money normally spent on Election documentation. A note just needs to be sent stating the newly Elected members.
RichardP13 (California)
Posts: 3,868
Posted:
The term would be acclamation.

The answer would be NO, IF your Bylaws, or required Elections Rules stated that write-in nomination and floor nominations are allowed.
MarkM19 (Texas)
Posts: 1,459
Posted:
Thanks Richard. I knew I was close but you are perfectly correct. We had it happen a few times in my Ca. HOA.

Nothing to worry about and save the money.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Don’t most Bylaws allow for nominations from the floor, which would require offering that opportunity? Regardless of how many are running?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GeorgeS21 on 02/24/2019 8:18 PM
Don’t most Bylaws allow for nominations from the floor, which would require offering that opportunity? Regardless of how many are running?

Surprisingly, NO
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Thanks - good to know ...I’m thinking the lack of such provisions would certainly make the process easier, but would remove some safeguards, at the same time.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By GeorgeS21 on 02/24/2019 8:18 PM
Don’t most Bylaws allow for nominations from the floor, which would require offering that opportunity? Regardless of how many are running?

Ours do, and we've always held elections even when we only had the same number of candidates as we had positions to fill.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS21 on 02/24/2019 8:18 PM
Don’t most Bylaws allow for nominations from the floor, which would require offering that opportunity? Regardless of how many are running?

Ours do and that is how we generally get candidates.
KerryL1 (California)
Posts: 14,550
Posted:
Ours allow nominations from the floor too and we never get any, but are stuck with mailing out ballots anyway because of our bylaw.
KP3 (Texas)
Posts: 124
Posted:
So if the bylaws say nothing about floor nominations, do you allow them or not?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
KP,

Good question ....

State statutes, maybe?

If there is a specific provision that RRofOrder must be followed, that may also give some “imbedded” direction - it might infer this?
RichardP13 (California)
Posts: 3,868
Posted:
In California, all associations are required to have a set of election rules, outside of what is in Bylaws or CCRs.
MannyS1 (California)
Posts: 1
Posted:
How do I find out if our association has election rules, also we have not had an election since January 2018, is HOA in violation, and homeowners are not given minutes from meetings.

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