BM3 (California)
Posts: 1
Posts: 1
Posted:
The Board wants to use the Straw poll to fill 2 position. Our annual election did not meet the quorum requirement, according to Management.
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Straw Poll
Started by BM3 • 5 replies • 313 views
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MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Do your documents, specifically the Bylaws, allow for the members present, either in person or by proxy to adjourn to a lower number to say..25%?
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
If your bylaws don't give you the option of a do-over with a lower quorum, then they probably do give the current board members the ability to appoint people to fill the vacant positions.
If the bylaws don't refer to "straw polls", then I think the board shouldn't be making up things as they go along - especially since a poll would not be binding and the board could ignore the results. If homeowners want a say in who serves on the board, they need to show up at the danged meeting or at least complete a proxy form If these are allowed.
If the bylaws don't refer to "straw polls", then I think the board shouldn't be making up things as they go along - especially since a poll would not be binding and the board could ignore the results. If homeowners want a say in who serves on the board, they need to show up at the danged meeting or at least complete a proxy form If these are allowed.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Quote:
Posted By BM3 on 04/14/2023 6:14 PM
The Board wants to use the Straw poll to fill 2 position. Our annual election did not meet the quorum requirement, according to Management.
The Board wants to use the Straw poll to fill 2 position. Our annual election did not meet the quorum requirement, according to Management.
If you didn't meet quorum, the existing board remains in place until you can achieve quorum but any board members wishing to leave can resign/retire and create openings.
I would not go for straw polling unless it's an open floor election with all the proxies accounted for - making it an real election. If, for some reason, you're facing a situation where you're appointing those available seats, the board of directors should appoint the best person and not what a straw poll suggests.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Cathy said.
You should also read your documents to see what percentage makes up a quorum. It's easierfor tge board to call a meeting to have an election, but if the last attempt crashed and burned fir lack of quorum, keep reading your documents to see if tge board has the authority to appoint board members. If so, perhaps you can offer your services to fill one slot (you'll have to run for reelection at the appointed time.)
And next time, don't be afraid to just ask your question - a blanket statement means everything and nothing.
You should also read your documents to see what percentage makes up a quorum. It's easierfor tge board to call a meeting to have an election, but if the last attempt crashed and burned fir lack of quorum, keep reading your documents to see if tge board has the authority to appoint board members. If so, perhaps you can offer your services to fill one slot (you'll have to run for reelection at the appointed time.)
And next time, don't be afraid to just ask your question - a blanket statement means everything and nothing.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Assuming there's no authority in the governing documents or statutes for holding another election with a reduced quorum requirement, then I think best practices is for the board to seek people it believes would be effective and then ask these people if they would be willing to be appointed.
I do not see anything wrong with doing a straw poll (or a kind of straw poll) to gather information about whom owners would prefer on the board, by way of a board appointment since quorum was not met. I am not sure it is a good use of the board's time, but the idea does not seem necessarily wrong-headed or anything else particularly bad. Do word this so it is clear to owners that this is not a substitute for an election, and the board has the right to reject owners' input for this appointment.
I do not see anything wrong with doing a straw poll (or a kind of straw poll) to gather information about whom owners would prefer on the board, by way of a board appointment since quorum was not met. I am not sure it is a good use of the board's time, but the idea does not seem necessarily wrong-headed or anything else particularly bad. Do word this so it is clear to owners that this is not a substitute for an election, and the board has the right to reject owners' input for this appointment.
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