Closed/executive session to debate officer choices?

Why would that be a conversation having? That is kind of out of place. It should be open. The members do not get to vote for officers. Only the board does amongst themselves. Should be a simple throw name up for officer position and the elected board votes. No need in making this a personal issue. Just vote for who wants the position.

AugustinD: yah, I haven't been able to find any language in 55A, 47F or our documents that states any opinion on closed/executive sessions in NC.

Some people (lawyer/mc's) writing online seem to feel that NC allows HOA boards to hold their meetings as locked up as they want to since we aren't subject to the Sunshine laws that apply to governmental bodies.

We don't want to go that far but I do want to make sure we're using the right tools at the right time.

Yah, definitely a double-edged sword. Selfish people could do some real damage in this state.

Should this not be discussed beforehand?these are the people who are to represent the whole of the HOA and those who voted. I would like to know if person I am voting for does their job or has issues. It should be addressed not just board but those whom decide to elect.

Michael

I have never see a BOD Officer election turn into a debate, argument, etc. It is typically OK lets us start of with President. Who wants to nominate someone. A 2nd then a vote.

Melissa "Should this not be discussed beforehand?these are the people who are to represent the whole of the HOA and those who voted. I would like to know if person I am voting for does their job or has issues. It should be addressed not just board but those whom decide to elect."

So, you're suggesting we have a public meeting before the public meeting?

It seems like maybe you have a core misunderstanding.

In our HOA the homeowners elect the board.

The board chooses officers and committee heads at the first BOD meeting.

The first is subject to homeowner vote and the second is not.

There's also no requirement that officers be board members, with the exception of the President.

So, while homeowners could get up and say "I don't want X as head of landscaping." it's not binding on the BOD. Good to know, but not binding.

In my former HOA, the ballots for board members were counted at the annual meeting in front of the homeowners present. The annual meeting carried on and after the meeting, the newly elected board stayed and elected the officers. There was no pre-meeting to discuss anything. I'm not sure how others handle this but I assume my former HOA did as was required by their bylaws.

How many on your Board, Michael? It appears that ANYthing can be discussed in ex. session in NC. Anyhow, why not clue in the two new members yourself outside of a meeting about your reservations? It doesn't sound like it would violate any NC statutes or your Bylaws, right?

I think it's great that you're trying to open things up on your Board, Michael. This will build trust among owners towards the Board, IMO. Even if you feel you must discuss potential candidates, it's best for your association to vote for them in an open meeting. Even if permitted, the more secrecy you practice, the less Owners will trust you.

In CA, assn. directors may NOT discuss the attributes of any individuals to be officers or committee members/chairs in executive session. While we may discuss "personnel" in ES, officers & committees are not personnel. Anyway, no one has ever felt compelled to list issues with any possible candidate. It just doesn't seem necessary. If the person is THAT bad, no director would vote for her/him.

In CA, the Board's required by statue & our Bylaws to hold an open "organizational meeting" as soon as possible after the election of directors. Ours always have been immediately following the election. The Board selects officers and these meetings here are as JohnC's HOA has experienced. Simple & quick.

Just once a person was nominated as secretary and seconded, then another director was nominated as secretary and seconded. The vote was for one or the other and the 2nd director was elected by the Board majority.

One other time, there were two nominees for president. It was a sensitive situation. So we followed Robert's Rules and voted by secret ballot. Robert's isn't required for our board meetings, but is sometimes referred to when our bylaws are silent.

There must be an open forum for owners in CA. In the 16 or so years I've attended or been a part of such meetings, no Owner has ever tired to interrupt this meeting to object to or suggest an officer, committee chair or committee members. No Owner has rec'd anyone in an open forum.

As a courtesy to committees here, the Board always asks the committee to vote to put forward the name of a chair to the Board. The board could, but never has, denied the committees their choices. No board here has ever denied any Owner membership on a committee. We did have a case who 2 Finance Committee members overstepped their charter in ways that could've had negative implications for the Assn. We callee the two to an executive session hearing as allowed for "Owner Discipline." WE chastised the members and warned them that any repeat would result in their removal from the committee.

Our Bylaws, like those in many HOAs, Melissa, permit non-director Owners to serve as officers-- in our case except for the prez.