3 person HOA board. Opening soon but no one running.

Started by AndyJ • 7 replies • 433 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AndyJ (Missouri)
Posts: 11

Posted:

One of our HOA boards position term will be up in a month. Current member is running for the position but no one is running against her. Do we need to send out proxies or would she just remain in the position?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By AndyJ on 12/28/2021 7:39 AM
One of our HOA boards position term will be up in a month. Current member is running for the position but no one is running against her. Do we need to send out proxies or would she just remain in the position?

Do the Bylaws allow nominations from the floor (at the annual meeting)? If so, then the Board needs to send out proxies et cetera.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

If your Bylaws have a nomination deadline and come the deadline there are not more people running then open spots there is no need for an election. Those running our elected by acclimation. If you allow nominations from the floor, as my HOA does, you have to wait until the actual election to be decide what to do.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 12/28/2021 9:58 AM
If your Bylaws have a nomination deadline and come the deadline there are not more people running then open spots there is no need for an election. Those running our elected by acclimation. If you allow nominations from the floor, as my HOA does, you have to wait until the actual election to be decide what to do.

ADD ON
As we allow nominations from the floor, the Proxy we send out has no names on it. The Proxy is assigned to the BOD unless different Proxy Holder is named.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Augustin & JohnC. In JohnC's case, election by" acclamation" can occur if not more candidates than empty seats AND if your bylaws/state laws permit it.

SheliaH (Indiana)
Posts: 6,964

Posted:

She'll remain in the position until she resigns, is recalled or voted out.

As others have said you still need to send out the proxies, even if this winds up being a vote by acclamation, but looking ahead, all the board members may want to think about identifying people who may make good board members and talk to them. For small boards like this, this is critical because if you're not careful, one or two may quit and then, where will you be?

If you find someone who's kicked around the idea of serving, you could encourage them to volunteer to assist the board or serve on some sort of advisory committee - this will give them a taste of what goes on and if they do indicate an interest, you or other board members can serve as a mentor until you step down (or are voted out, but hopefully not recalled).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BenA2 (Texas)
Posts: 1,273

Posted:

Unless there is something in your governing documents stating that you do not need a vote for an uncontested election, you should still send out ballots and proxies.

It may seem counter intuitive but if directors are required to be elected, that does not change simply because no one is running against them.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By BenA2 on 12/28/2021 1:24 PM
Unless there is something in your governing documents stating that you do not need a vote for an uncontested election, you should still send out ballots and proxies.

It may seem counter intuitive but if directors are required to be elected, that does not change simply because no one is running against them.

I say: One can be "elected" by acclamation.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here