Nominations from the Floor in Arizona

A.R.S. 33-1812(A2) states “The absentee ballot shall provide an opportunity to vote for or against each proposed action.”

My HOA's Bylaws permit nominations from the floor.

All homeowners were mailed an absentee ballot. One item on the annual meeting agenda mailed to all homeowners is "nominations/elections."

Does A.R.S. 33-1812(A2) disallow nominations from the floor because every owner already received an absentee ballot?

What she said.

It does put floor nominees at a disadvantage, and it can limit choice for those who choose to vote absentee, but these consequences should be obvious to those who use these options.

I say it does not eliminate nominations form the floor. Your docs allow it, so be it.

Sometimes, with age there are senior moments with memory.

The topic of nominations from the floor (even relating to Arizona) has been discussed before in other threads started by other people on this forum, and there is differing opinion on this forum regarding this topic even after a decade. There are a plethora new users of this forum since that time and many believe reviving and old thread is an etiquette faux pas. This thread is concise about state statute and the Bylaws of my HOA. Based on the responses, I have received, I can conclude that nominations from the floor are permitted.

If all owners are given an opportunity to submit their candidacy before the absentee ballots are printed, what is the purpose of nominations from the floor?

As far as I recall, nominations from the floor aren't that controversial. Either your bylaws allow them or they don't. People who are nominated from the floor will be at a disadvantage if the governing docs allow directed proxies or mail-in ballots. Again not particularly controversial, just natural consequences of these provisions.

The one item that I do remember generating some comment is the nominating committee, and some states (Florida?) have outlawed them - I assume because they can be misused to game the election process. My bylaws require a nominating committee and also allow nominations from the floor, so that's what we do.

Our Bylaws allow for nominations from the floor. The Proxy we send out prior to the meeting is for Quorum and names the BOD as the Proxy Holder (unless otherwise stipulated) including voting so in reality, the BOD holds the control. Our MC (who runs our election) makes up the final ballot at the Annual Meeting before we hold the election. All that said, we still have to beg our owners to run for the BOD at the Annual Meeting.

Only once in 6 years under owner control have we had more people run then there were open spots, thus the begging. Some of us on the BOD will actively seek/recruit people prior to the meeting to step forward at the meeting and run.

Other than BOD Elections, only once have we ever voted on a document change at the Annual Meeting. It was a Bylaw change reducing Quorum from 50% to 20%. It passed by a close margin.

Our Bylaws call for a Nominating Committee which we totally ignore.

And as I have said before, we have no ankle biters.