BOD Election Issue

We are a single family HOA with 400+ homes in SC. Our Annual Meeting is coming up at which two (2) board members will be elected to fill the expiring terms of two present members. Our governing documents state that:

1. Nominations for elected members shall be made by a nominating committee consisting of a chair who is a BOD member and two other association members.
2. Nominees shall be in good standing with the association with assessments paid and no fines pending.

A call for candidates was sent to the membership stating their applications had to be received at our management company office no later than 5:oo PM on April 10. Three members responded to the call for candidates for the upcoming election. One nominee submitted his application just before the 5:00 PM deadline. This candidate is not current in payment of association assessments, being behind for two assessment periods.

Based on our governing documents, this candidate would be ineligible to run for the BOD and the nominating committee could not place his name in nomination.

Hypothetically,

1. Would it be proper for the BOD or nominating committee allow the candidate to bring their account current and thus making them eligible?
2. Since the candidate waited until the very last minute to submit their application, bringing their account current at this time would make them eligible, but only after the deadline for applications. Would this still make this candidate ineligible?

All responses very much appreciated.

Let's call the candidate behind on her dues, "Jones." The argument I would make is that the 'call for candidates' (with the 5 PM Monday deadline) was appropriately vague. It was not a "call for "nominees." Rightly so, because only the nominating committee can put forth the names of "nominees."

Nor was there a deadline named for becoming current with one's dues so that one could qualify as a nominee.

The governing documents permit the nominating committee to name Jones as a nominee as long as she is current. A fair-minded nominating committee would allow Jones to pay what she owes and then anoint her as a "nominee."

You can only ask. If the board and NC say no, then Jones is stuck with lawyering up, with no guarantee of victory anytime soon.

Do your bylaws allow nominations from the floor, and do they allow people to nominate themselves? If so, you may be able to avoid all the angst.

Cathy

Noninations from the floor are allowed as well as self nominations.

MarkM19 - Those are great points. Thnk you.