No nomination committee meeting.

At the November's Board meeting the president requested the chairman of the nominating committee (the vice-president) give a preliminary report of the nominating committee at the December Board meeting. I am on the nominating committee. The Vice-President never had a nominating committee meeting. Two hours before the board meeting I found a flyer in my box stating that he and the other Board member whose term is up are willing to serve again. I was not a happy camper.

I don't forget the exact order of thinks but I was at the Board meeting as an owner. I let it be know that there was no committee meeting. The Vice-President then made the statement that we are having a meeting now. When he was told this was not a nominating committee meeting he said we don't need a meeting. I said O yes we do.

The President then gave him another week to have a nominating committee meeting and get the report to her. Our annual meeting is in February and the notice of the meeting will probably go out in January.

The Board meeting was December 16, 2019 and as of today he has not called a meeting.

This Board member has caused multiple problems for the four other Board members and other Board members do not want him on the Board but do not want to vote him off since he has already caused so much division in our association.

I have at least one and possibly two other people that I want to nominate to be on the ballot to be voted on the Board.

I have told a couple of Board members that they may have to vote this rogue member off the Board.

Since I am not longer on the Board, I don't post on this site as much as I used to post on this site.Thank
Thanks for letting me vent.

Former President.

Welcome back, Bonnie.

First, do your governing documents, probably your bylaws, require a Nominating Committee? If so, what is it supposed to do, i.e., what are its duties?

Can't the board on its own put out a invitation for candidates with materials required, say, a Candidates Statement, qualifications if any, and deadline to apply? What do you bylaws say about how to become a board member? How has your HOA & Board done it in the past?

Next, your board probably cannot vote this man off of the board unless they appointed him to it. Generally the Owners (Members) vote for directors so Owners would have to vote him off via a recall election which is a little difficult.

But the board did vote for him as VP and can vote him out of that position. They also can vote him off of the Nominating Committee.

Our documents state that the nominating committee nominates people to be placed on the ballot at the annual meeting. The committee must nominate as many people as their are open places on the Board but can nominate more. There is no limit to the number of people that can be nominated.

I would have to review our documents but I believe they state that Board Members can vote a person off the Board.

I think nominating committees are still ok in Florida.

In my experience there are rarely enough volunteers to be Directors.

9) ELECTIONS AND BOARD VACANCIES.—
(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. Except as provided in paragraph (b), 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. If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. 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.

Hi Bonnie

In your shoes, I would email all the member of the Board and all the members of the nominating committee individually, with a copy to your MC.

In the email, I would identify the names of the individuals that I wanted to put forward as candidates.

I see no reason why you need to wait for someone to call a meeting.

In HOAs, yes. "For condos, nominating committees are no longer permitted,"

Look ... sometimes, perhaps even most times, NCs are used as a committee to stir up candidates ... in other words, to recruit.

This function might be really necessary in an apathetic HOA ... disbanding it might be counterproductive.

Many times there are folks in an HOA who don’t want to be on the Board, but are willing to recruit for other functions .,,

Then amend the bylaws to make the nominating committee ad hoc, to be used when and as needed.

I know we've strayed from your concerns, Bonnie. Are you still with us?

Since you're a member of this nominating committee, maybe you can call a NC meeting. But would the others show up? Is it just you and the VP?

If they refuse to meet, write a short report to the president and ask that the board disband the NC an appoint new members. Perhaps others here will have ideas for you.

Our documents specify that a member of the board must chair the nominating committee which includes other people who are not on the Board.
Our By-Laws don't say anything about someone running for the Board or related to someone running for the Board being on the committee. I think this is a good rule. I can not in good conscience nominate the chair of the committee. This puts me in an awkward situation. But I think the President is helping me out of this situation.

I respectfully disagree with you. I think one should be given more time to think about being a Board Member than just being nominated at the annual meeting. Also our documents call for both a nominating committee and allowing nominations from the floor.

Granted on year when I was not on the committee, I did ask people if they were nominated at the annual meeting would they be willing to serve. But not many people would try to recruit the way I day that year.

The depends on who you ask. You're right, in principle, but in practice nominating committees have been used by entrenched boards for years as a tool to maintain control of the board and not let "undesirables" get on it. Abuse was rampant in my state and when the state legislature outlawed nominating committees in condo associations, that was explicitly one of the reasons. Boards would pack the nominating committees with friends who they knew wouldn't choose any candidates that might want to shake things up.

The Bylaws of my HOA require the use of a nominating committee. The HOA statute says unless the Bylaws say otherwise, nominations must be allowed from the floor at the annual meeting. The purpose of the latter is to counter the possibility of a rogue nominating committee from stacking the deck against candidates they don't like. It makes it almost impossible to use absentee or mail-in ballots.

Our Bylaws also provide a template "standard" agenda for the Annual Meeting. The last item before the actual election is "Report of the Nominating Committee". It reads as though the members were not to be advised in advance of who was actually going to be nominated until the meeting itself.

These days, no one ever wants to be on the Nominating Committee, and when someone does finally volunteer, the committee's function is only to contact members to ask and cajole them into being a candidate for the BoD. So we have a Nominating Committee, but since its purpose is not spelled out anywhere in the Bylaws, we don't really have one as such.

Clear Bylaws are key.