Board prematurely announces election cancelled

Started by RobertD27 • 11 replies • 370 views

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RobertD27 (Florida)
Posts: 4

Posted:

My board just sent an email stating that the upcoming election for new board members was canceled.

The email stated that notices of intent are due on Monday at 5pm (roughly 48 hours from now)

Then they said since no notices of intent were received, there were no members interested in running for the two open positions so the two members currently in those positions will remain in place followed by:

"That means that there will be no election this year."

The notice of intent isn't due until 48 hours from now.

One of the positions is currently the board president and the other is a member at large.

Is this electioneering, poor writing skills or something else?

SheliaH (Indiana)
Posts: 6,964

Posted:

What was the original deadline when homeowners were to state if they wanted to run? If you wanted to run, did you turn in your interest already and did the board acknowledge it? If you know of others who were interested, what did they announce and when? When you have elections, do your documents allow for nominations from the floor?

Deadlines do matter, but if the documents allow for nominations from the floor, I'd say this might be horrible writing. It would have been better to say "the deadline for nominations is fast approaching so if you're interested in running, we need you to let us know by 5pm on Monday", etc.and so forth.

It could be something else,so... what was the response when you asked for clarification on this email? And if you didn't ask, why not?

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

KerryL1 (California)
Posts: 14,550

Posted:

Who, exactly, wrote the email?

Was it really the entire Board? On a particular board member?

Who wrote the invitation to submit a "Notice?" To whom were the "Notices of Intent" to run for the Board supposed to be sent? Is the Notice some sort of a form or a letter that candidates write?

There are two board member slots open for which Owners vote. Once an election is completed, typically the Board (not the owners) elects officers.

This should be in your Bylaws, Robert. So is there something else in your Bylaws that says the steps that must be taken to hold an election? If nominations may be submitted from the floor (at the election meeting), which is common, it would violate your Bylaws and probably state statutes to cancel the election.

From what you've written, it looks like the entire board? or one or more board members are trying to hijack the election so that they can stay on as directors. Hope I'm wrong.

Are you interested in running? Or do you know someone who is?

Anyway, with Shelia, reply to the email immediately gently reminding them of the decline. Send to whomever sent the "cancellation" to owners, but I would copy every board member is f you can. If you have a property manager, It might be worthwhile to send you email to them, instead, copying the Board.

KerryL1 (California)
Posts: 14,550

Posted:

Sorry, meant "deadline." "Decline," however, might fit whatever integrity this board or these board members once possessed. I still hope whoever wrote the email was just mistaken or buzzed.

CathyA3 (Ohio)
Posts: 6,299

Posted:

This is somewhat out of left field, but could someone have sent this as a malicious prank? The reason I'm suggesting it is that there are more plausible ways of avoiding an election.

Just when you think you've seen it all... :-)

SheliaH (Indiana)
Posts: 6,964

Posted:

That's a very good question, and considering the voter suppression that's going on everywhere else, plus the tendency of too many people not to read ANYTHING, it could be someone sent this out knowing most would shrug it off and say "good, I really didn't want to go to that meeting anyway." And that's assuming everyone saw it (anti-spam software and incorrect email addresses are a thing)

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

WendyM5 (North Carolina)
Posts: 1,522

Posted:

so you want them to spend a couple hundred dollars to mail out ballots, when there are no new candidates.

Obviously if you have 48 hrs you can just email back and tell them you want to run and you have filled out notice of intent
what exactly is the issue? are there potential candidates that have waited till the last 48 hrs or not?

vis ta vie

JohnC46 (South Carolina)
Posts: 14,265

Posted:

As we allow nominations from the floor at our Annual Meeting Election, we have to wait until the Annual Meeting Election. We could have no one nominated so the present BOD would stay in office until the next Annual Meeting.

RobertD27 (Florida)
Posts: 4

Posted:

I'll try to answer all the questions I've seen so far

I believe this was written and sent by the board president who does not want to lose his position.
I originally thought this might be an April Fool's Day prank but now think it's just suppression/stupidity.

I have been trying to recruit people to serve and had just completed a 2-hour conversation with a member who agreed to run.

When the email was received, other members told me they were confused and that they think the election is cancelled.

Other than no one wants to run for a thankless job, waiting until the last moment to file can be an effective strategy.

Complicit managers will call their favorite board member/president the moment someone files and if done early enough, provides time for them to enlist like-minded candidates to dilute a final result.

Mailing costs for ballots are part of the deal and are budgeted for any election year. If someone chooses to file, they should be allowed to do so. President or even the full board cannot unilaterally cancel the election or close filing early.

No floor nominations are permitted.

I sent my questions to a board member who is also a working attorney (non-board related) and I'm waiting for a reply.

I'll update after the filing period officially closes.

ElleN (Idaho)
Posts: 4,420

Posted:

Robert, suppression it may be. If this is a Florida HOA subject to FS 720, then be aware that FS 720 states:

"An election is not required unless more candidates are nominated than vacancies exist. If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting."

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By RobertD27 on 04/02/2023 4:29 PM
I'll try to answer all the questions I've seen so far

I believe this was written and sent by the board president who does not want to lose his position.
I originally thought this might be an April Fool's Day prank but now think it's just suppression/stupidity.

I have been trying to recruit people to serve and had just completed a 2-hour conversation with a member who agreed to run.

When the email was received, other members told me they were confused and that they think the election is cancelled.

Other than no one wants to run for a thankless job, waiting until the last moment to file can be an effective strategy.

Complicit managers will call their favorite board member/president the moment someone files and if done early enough, provides time for them to enlist like-minded candidates to dilute a final result.

Mailing costs for ballots are part of the deal and are budgeted for any election year. If someone chooses to file, they should be allowed to do so. President or even the full board cannot unilaterally cancel the election or close filing early.

No floor nominations are permitted.

I sent my questions to a board member who is also a working attorney (non-board related) and I'm waiting for a reply.

I'll update after the filing period officially closes.

i agree with most of your points. have the person who wanted to run submit thier paperwork asap befroe deadline to be legit.

vis ta vie

KerryL1 (California)
Posts: 14,550

Posted:

Good strategy, Robert, for the candidate to wait till the last minute. I agree with you that he Notice is best submitted vey close to the deadline. If you can company the candidate, all the better, to a witness that the notice was submitted timely. Thanks for replying to my questions. Are you, by chance, on the Board?

When you write that you "think" the prez sent the email "cancelling" the election, isn't there an email addy that it came from? So you'd know for sure who sent it? To whom must the notice of intent be sent or delivered? Is that address at your HOA? Or someplace else?

Make sure your candidate gets some sort of date-stamped acknowledgement from management that the Notice was submitted on time. So far as I know, no president would have the authority to cancel an election before the deadline for notices without the board voting to cancel, which in FL, would require an open meeting.

I hope you still have a copy of the original written invitation to apply as a candidate. Was if form the MC? Or a board member?

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