Ballot Controversy

Historically, the ballot for the BOD vacancies have been listed by term and candidates chosen by the nominating committee.
Ex: 2 year term - 1 vacancy
________ Jane Doe
________John Doe

Ex: 1 year term - 1 vacancy
________ Jim Doe

This past year, candidates were not told which term they were running for and realized AT the annual meeting that the Nomcom essentially stacked the ballot for the candidate they wished to win to run in the unopposed slot. A motion was made and seconded at a recent board meeting to create a straight ballot this year that lists all candidates and the 2 who get the most votes are elected and assigned term length based on the number of votes. Some board members claim this is “illegal” based on our bylaws and that the terminology of “vacancy” really means “term”. This sounds ridiculous to me and nowhere in Black’s Law Dictionary or Webster’s does it define vacancy as term. The vote was postponed to get advice from our attorney. Our bylaws Read:
NOMINATION AND ELECTION TO EXECUTIVE BOARD
Nomination. Nomination for election to the Executive Board shall be made by a Nominating committee. Nominations for election to the Board may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Executive Board, and two or more Members of the Association. The Nominating Committee shall be appointed by the Executive Board prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nomination Committee shall make as many nominations for election to the Executive Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members

Election. Election to the Executive Board shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

The desire of much of the membership and the board is to change the ballot to a straight ballot to prevent what has happened in the past where nomcom is able to “fix” the outcome of the election by ensuring their preferred candidate wins. My question is: do other associations have this language in their bylaws and if so, do you utilize a straight ballot where all candidates are listed and majority of votes are appointed?

Maybe this is why we have voter suppression and other sorts of foolishness when it comes to local state and national elections - people don't use their heads!

First, I don't understand the purpose of a nominating committee anyway. If you have one, it would seem all they have to do is check that a candidate is eligible to run. In most p!aces, that means the person is a homeowner and current in all assessments. Why, pray, has your community given these people so much power?

If the current board is going along with this, what you need is for you and your neighbors to come together, recall these people and rep!ace them ANd the committee members.

And perhaps talk about about amending the documents to revise the duty of the nominating committee of pitch it altogether. You can nominate people from the floor anyway, so what's the point of the committee?

I don't understand this business was about term vs. vacancy either - whoever's on this committee should grab a dictionary. Term refers to length of time during which some will do something, like serve on a HOA board - or jail (sometimes they re the same thing!). Vacancy means a spot is open that needs to be filled. In this case, you have one vacancy where someone is needed to replace someone else who's stepped down. The former me.her had a year left in the term so next year he/she can run for a full two year twrm. The other vacancy is for a full two year term.

I'm amazed the candidates didn't know which vacancy they were running for - or why they didn't ask. The proposal your board is considering is reasonable - those running to fill the term standoff here and those wanting g the full term stand over there. Everyone else vote for one person in each group and the tops vote getters in each group wins. The end and welcome to the board.

Or...just appoint some to finish the term and let him/her to for the spot at the appropriate time, this leaving the committee out of it and save the attorney fee.

I totally agree, and a few “good ole boys” have had control over BOD, ARC and Nomcom for way too long! And that is exactly what we are trying to do is to make some positive changes and get them out. Nomcom is now trying to eliminate volunteers for ARC and choose them as well. This is all in an effort to keep their power. We simply want to end the monopoly and have a transparent process for voting that is fair to all. It’s a long story, but a lot of underhandedness went on just days before the election. The 2 running were told they were the only ones running and led to believe there was no need to choose a term. Lesson learned!

That should be only for the initial turnover meeting, not subsequent elections.

Will you please cite the exact wording of your Bylaws re: staggered terms, Kristi?

This is the exact wording of a HOA in Wilmington, NC as it possibly relates to your situation:

(iii) At the first election of the Board, the term of office of the three Directors receiving the highest plurality of votes shall be established at two (2) years, and the term of office of the
other two (2) Directors shall be established at one (1) year. Thereafter, as many Directors of the Association shall be elected at the annual meeting as there are regular terms of office of Directors expiring at such time, and the term of office of the Directors so elected at the annual meeting of the members each year shall be for two (2) years expiring at the second annual meeting following their election, and thereafter until their successors are duly elected and qualified, or until removed in the manner elsewhere provide or as may be provided by law.

IMHO, the ballot you presented to this forum is invalid.

Good luck!