Questions re: our first board election

Started by DavidG45 • 17 replies • 318 views

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DavidG45 (Delaware)
Posts: 994

Posted:

Our community will be having its first board election in the coming months. Within our community there is a subset of lots that are age-restricted (55+); but we are all within a single HOA. The bylaws specifically say the board will have five members, and at least one of those members must be from the age-restricted lots. However, the bylaws do not provide any detail as far as how the election is held.

I'm curious if anyone here can tell me what the conventional procedures would be. Let's say we have nine candidates, two of whom are from the 55+ side. My first thought is that each residence will be allowed up to five votes. The top-5 candidates would be the new board -- unless none of them are from the 55+ side. In that case the top four candidates, plus the top 55+ candidate, would be the new board.

But I'm just guessing. Can anyone shed some light on this? TIA.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Your plan seems sound to me. The 55+ group is guaranteed one seat but can "win" election to other seats. Go for it.

KerryL1 (California)
Posts: 14,550

Posted:

Sounds Good, David. But I think I need to know more. Does the 55+ entity pay different dues than the rest? I seem to remember they do.
Do your CC&Rs have anything to say about the voting rights of the two groups?

Let's say, the 55+ entity has an amenity that the other HOA members cannot use. Only they would vote or make decisions about that amenity, correct? That would be indoor CC&Rs.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KellyM3 on 10/19/2021 8:47 AM
Your plan seems sound to me. The 55+ group is guaranteed one seat but can "win" election to other seats. Go for it.

This is how I see it.

DavidG45 (Delaware)
Posts: 994

Posted:

Yes, the 55+ side has a separate assessment that is used to pay for their own pool and clubhouse. I can find nothing in the bylaws regarding different voting rights, but that is a good point that in theory only they should have a say as to what should be done with that assessment.

My main question though, is if each residence should vote for five candidates, or if each resident should just get one vote.

MaxB4
Posts: 3,513

Posted:

IMHO, this forum should not be giving answers to this type of question without having access to the governing documents for the association in which they are being asked for.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DavidG45 on 10/19/2021 10:28 AM
Yes, the 55+ side has a separate assessment that is used to pay for their own pool and clubhouse. I can find nothing in the bylaws regarding different voting rights, but that is a good point that in theory only they should have a say as to what should be done with that assessment.

My main question though, is if each residence should vote for five candidates, or if each resident should just get one vote.

David

Any time there are multiple candidates running, say 3 for 2 positions, an owner is asked to vote for two. In your case, all 5 positions are open so assuming more then 5 run, people will be asked to vote for five. Some may vote for less but that is their choice. Now you also have a side deal that at least one of them elected must be from the +55 side so you may actually not be able to take the top 5 voter getters unless at least one (maybe more) from the +55 side. If no one from the +55 is in the top 5 vote getters, you should select the top 4 vote getters then move down the list in order of how many votes one gets until you reach a +55 candidate. They will be your 5th BOD Member.

I did not touch on Cumulative Voting, but do check your Bylaws for it. It does not change what I have said above.

KerryL1 (California)
Posts: 14,550

Posted:

So far as I know, an owner/residence only has one vote, i.e., joint owners must agree for whom they vote. But the number of votes it can cast depends on how many openings are on the board. It appears your first election there'll be 5 candidates elected to fill the entire board, correct? Check your Bylaws to see if you must establish "staggered" terms, whereby the top 3 vote getters would serve 2 years and the next 2 one year so that you always have experienced members on your Board.

As noted, the rights an obligations of the 55+ sector should be spelled out in your CC&Rs. It makes perfect sense that only they can vote on anything related to amenities that only they can use and to which they contribute dues. We have something similar in our Assn., and only lots in that special area can vote on things that only they pay for.

But the 55+ also pay the same dues as non-55+ plus for the rest of the HOA. So the entire board could theoretically be comprised of all owners 55+, right?

I think Max, who's been snide towards David in the past, is demanding too much by saying we all must read David's docs to reply.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Staggered terms is a good suggestion. It makes for "corporate memory" and teaching newbies. Our BOD of 5 runs 2 up one year, 3 up the next year. Covid has shot that in the butt, but another subject.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 10/19/2021 12:08 PM
So far as I know, an owner/residence only has one vote, i.e., joint owners must agree for whom they vote. But the number of votes it can cast depends on how many openings are on the board. It appears your first election there'll be 5 candidates elected to fill the entire board, correct? Check your Bylaws to see if you must establish "staggered" terms, whereby the top 3 vote getters would serve 2 years and the next 2 one year so that you always have experienced members on your Board.

As noted, the rights an obligations of the 55+ sector should be spelled out in your CC&Rs. It makes perfect sense that only they can vote on anything related to amenities that only they can use and to which they contribute dues. We have something similar in our Assn., and only lots in that special area can vote on things that only they pay for.

But the 55+ also pay the same dues as non-55+ plus for the rest of the HOA. So the entire board could theoretically be comprised of all owners 55+, right?

I think Max, who's been snide towards David in the past, is demanding too much by saying we all must read David's docs to reply.

It looks like you have no clue, SO keep your damn personal comments to yourself!!

MaxB4
Posts: 3,513

Posted:

Quote:

I've written election rules for all my associations, and I don't know what your policy is, but I don't do them by guessing.

KerryL1 (California)
Posts: 14,550

Posted:

This isn't about you or me in CA, Max. It's about David in Delaware.

CA election rules are state statute-required and have nothing to do his topic.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 10/19/2021 2:26 PM
This isn't about you or me in CA, Max. It's about David in Delaware.

CA election rules are state statute-required and have nothing to do his topic.

And exactly what does his say? Or what Delaware rules say about elections and voting, or don't you have the time to look that up.

There are a lot of parts that go into running an election, and as I said, GUESSING ain't one of them!

AugustinD
Posts: 3,698

Posted:

To satisfy the bylaw requirement, I think the ballot has to say something like the following:

The Bylaws require that the Board have at least one representative from the age 55 and older section. Please vote for either zero or one person below:

Stanley from age 55+ section

Sally from age 55+ section

The Bylaws state that the remaining four seats may be filled by any owner, regardless of whether they own in the age-restricted section. Please vote for up to four of the people below:

Stanley from age 55+ section (if you voted for Stanley above, do not vote for him a second time)

Sally from age 55+ section (if you voted for Sally above, do not vote for her a second time)

Jane3

Joe4

Tim5

Teresa6

Betty7

Bob8

Callie9

A coin toss (for two candidates tied) or a series of coin tosses (three or more candidates tied) will resolve any tie vote for the fifth board seat.

KerryL1 (California)
Posts: 14,550

Posted:

Augustin's ballot is looking good. The thing is, I'm not so sure non- 55+ voters should be able to vote for the 55+ director in the 55+ entity. That's the part that is puzzling me.

It almost seems like there needs to be two sets of ballots. One set is sent only to non-55+ voters? The second set of ballot ts goes to all voters with the instruction to vote for 4 and the addition that if they voted for ally or Stan, to not vote for either again? Am I over- or under thinking this??

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 10/19/2021 5:33 PM
Augustin's ballot is looking good. The thing is, I'm not so sure non- 55+ voters should be able to vote for the 55+ director in the 55+ entity. That's the part that is puzzling me.

SERIOUSLY!

AugustinD
Posts: 3,698

Posted:

Quote:

Letting the non-55+ owners vote for the 55+ rep is troubling. For example, the non-55+ owners could pointedly put an owner on the board from the 55+ section who is a pushover.

But it appears the Bylaws are silent on the point. In which case restricting the non-55+ owners from voting for the 55+ section representative seems to take away voting rights.

What I am not wild about with DavidG45's plan above is that it could rob voters of a chance to give input on the 55+ representative. For example, if an owner votes for five people who are not 55+ section owners, then one of this owner's five choices will not be elected. Instead, someone from the 55+ section will be elected. The owner (who voted for five non-55+ owners) will not have had any say about this 55+ section owner. DavidG45's approach seems to inject some randomness into the selection of the 55+ section representative on the board. Why not instead set up the election so people have a clear say on who the 55+ rep will be?

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By DavidG45 on 10/19/2021 7:15 AM
Our community will be having its first board election in the coming months. Within our community there is a subset of lots that are age-restricted (55+); but we are all within a single HOA. The bylaws specifically say the board will have five members, and at least one of those members must be from the age-restricted lots. However, the bylaws do not provide any detail as far as how the election is held.

I'm curious if anyone here can tell me what the conventional procedures would be. Let's say we have nine candidates, two of whom are from the 55+ side. My first thought is that each residence will be allowed up to five votes. The top-5 candidates would be the new board -- unless none of them are from the 55+ side. In that case the top four candidates, plus the top 55+ candidate, would be the new board.

But I'm just guessing. Can anyone shed some light on this? TIA.

Who's making up these rules? Generally, how an election is conducted is in the Bylaws, and if no, the members, and I am guessing, all the members should, NO, must have a say in how they elect their representatives.

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