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JohnA26 (New Jersey)
Posts: 43
Posted:
A candidate for election to BOT admits that shortly before the close of nominations to being tipped off that only person submitted an application for two open positions to the BOT. The individual than submitted a hastily hand written application that was distributed to all the home owners
No one else was notified. The person ended up on the BOT because she was unopposed.The ballot included the two candidates and space for two write in candidates
Question
Are the applications supposed to be confidential. Should either
1- only one person is on the ballot and the person with the most write in votes is elected. or
2- should a second request for applications been distributed to all in the community.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By JohnA26 on 12/11/2023 1:04 AM
A candidate for election to BOT admits that shortly before the close of nominations to being tipped off that only person submitted an application for two open positions to the BOT. The individual than submitted a hastily hand written application that was distributed to all the home owners
No one else was notified. The person ended up on the BOT because she was unopposed.The ballot included the two candidates and space for two write in candidates
Question
Are the applications supposed to be confidential. Should either
1- only one person is on the ballot and the person with the most write in votes is elected. or
2- should a second request for applications been distributed to all in the community.

Although it sometimes seems that every pathing is regarded as a state secret, I suspect your bylaws are silent on the matter, and I can think of nobody’s privacy at risk by nominations being kept secret. Probably bad form for someone on the board to tell one person, but I just don’t see any issue.

But I’m kind of an outlier in the HOA world - I believe in total transparency unless there is a genuine privacy concern,
DavidG45 (Delaware)
Posts: 994
Posted:
“Everything”
CathyA3 (Ohio)
Posts: 6,299
Posted:
Aside from transparency, keeping someone's candidacy confidential is counterproductive for everyone. Candidates should be out there campaigning and encouraging homeowners to vote, regardless of who else is in the running. And contested elections seem to encourage attendance at the annual meeting, which is a good thing.

I also tend to believe that people can't manipulate you without your active cooperation. If someone allows others' action or inaction to determine how they personally will behave, then they've given up control to the others. If they're unhappy with the result of this, they have only themselves to blame.
SheliaH (Indiana)
Posts: 6,964
Posted:
What David and Cathy said.

Everyone knew there was a nomination period and a deadline, so if they wanted to apply, they could have done so. There's no need for confidentiality - that's not the same as actually voting for someone. The conversation could have gone something like "hey, no one's turned in an application for the open spots on the board - you might as well sign up. OK!" She did and because no one else did anything, she won by default.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LoriM15 (Florida)
Posts: 1,009
Posted:
Anyone calling our PM would be told how many candidates were running and how many positions there were to be filled. It's not a secret.

I see your point that the board didn't advertise to the whole community that no one was running for the extra seat. However, didn't the information on the number of seats up for election go out with the annual meeting notice? That's all most bylaws require.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JohnA26 on 12/11/2023 1:04 AM
A candidate for election to BOT admits that shortly before the close of nominations to being tipped off that only person submitted an application for two open positions to the BOT. The individual than submitted a hastily hand written application that was distributed to all the home owners
No one else was notified. The person ended up on the BOT because she was unopposed.The ballot included the two candidates and space for two write in candidates
Question
Are the applications supposed to be confidential.
First, I do not understand. Two people submitted applications. Both their names were on the ballot. All owners had the chance to throw their hat in the ring and run for the board. If they applied to be candidates (by the deadline), they could always withdraw.

Plus write-ins were allowed.

I do not see any "tip off" that would substantively affect people's decision-making on whether to run for the board or not.

I am glad you asked here first. I would not be complaining about this.
JohnA26 (New Jersey)
Posts: 43
Posted:
my point is had the person not be told shortly before the nominations were closed they would have not have applied. There would have been only one candidate on the ballot the second vacancy would have been filled by whoever received the most write in votes.
Or they could have reopened the nominations and advise the community that only one candidate applied.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By JohnA26 on 12/11/2023 9:18 AM
my point is had the person not be told shortly before the nominations were closed they would have not have applied. There would have been only one candidate on the ballot the second vacancy would have been filled by whoever received the most write in votes.
Or they could have reopened the nominations and advise the community that only one candidate applied.


You can have any opinion you want, but unless a bylaw or statute was broken the election was legal and the results are legitimate. You seem to think it was unethical to disclose the nominees. I think if someone had asked for the information it would have been unethical to withhold it. But regardless of which of us is "right" it doesn't matter, the election was valid.

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JohnA26 on 12/11/2023 9:18 AM
my point is had the person not be told shortly before the nominations were closed they would have not have applied. There would have been only one candidate on the ballot the second vacancy would have been filled by whoever received the most write in votes.
Or they could have reopened the nominations and advise the community that only one candidate applied.
The courts do say that boards have to be reasonable when the governing docs give the boards discretion to do or not do xyz. Elections are complicated, step-by-step processes with strict timelines for each step. Boards completely lawfully make a lot of the decision-making about the finer points of accomplishing these steps. I think getting into the minutiae like you do, and based on this minutiae, judging that the outcome would be different, yields just too complicated a rationalization. To me, your argument lacks sufficient "teeth" to make it worthwhile to, say, lawyer up. Not that you are proposing this.

I do not see that a law or bylaw was violated. I agree with DavidG45.

KerryL1 (California)
Posts: 14,550
Posted:
Impossible to imagine that any HOA would withhold how many candidates had submitted applications. The woman asked, received an answer and then acted. Imo, it's in the best interests of the Association to filed as many candidates as they can. Many Hospitals would have urged potential candidates to apply via the newsletter or other medium.
DeanJ
Posts: 1,786
Posted:
Dear Homeowner, on Tuesday December 19, the HOA has two slices of pizza. Those who want one please place a request and everyone will get the opportunity vote who gets a slice.

Since only one person applied, and no one likes pizza go to waste, the Board ask a homeowner to apply and unopposed they got the slice of pizza.

Your complaint is the Board should have advised everyone the pizza is still up for grabs and we only have one person that wants it. Next time pizza is available, I suggest you enter the race.
JohnA26 (New Jersey)
Posts: 43
Posted:
Thank you all for the comments.I agree Nothing illegal but as was mentioned previously Transparency is the key. Tell one tell all
we could have had a true election 3 or more candidates vying for 2 vacancy.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By KerryL1 on 12/11/2023 9:42 AM
Impossible to imagine that any HOA would withhold how many candidates had submitted applications.


You would be surprised. Our PMC has advised the Board to withhold any information about nominations that have been received until after the deadline for nominations has passed. Their default position on everything is to not tell homeowners.
KerryL1 (California)
Posts: 14,550
Posted:
And this is your NEW PMC, David? Gah! I'd encourage the Board to approve a motion to instruct the PMC to reveal how many candidates (and other info) have applied to any owner who asks.

Sorry about my typos JohnA. I definitely agree that the Board via eblasts, etc. should have reminded Owners that "There's still time for you to serve your community! Apply now for , blah, blah." But there is no requirement.
It's easy to imagine a Board that wants some of its current members reelected to keep information about the election to the absolute minimum required by statute & their own docs.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By KerryL1 on 12/11/2023 10:49 AM
And this is your NEW PMC, David? Gah! I'd encourage the Board to approve a motion to instruct the PMC to reveal how many candidates (and other info) have applied to any owner who asks.

Sorry about my typos JohnA. I definitely agree that the Board via eblasts, etc. should have reminded Owners that "There's still time for you to serve your community! Apply now for , blah, blah." But there is no requirement.
It's easy to imagine a Board that wants some of its current members reelected to keep information about the election to the absolute minimum required by statute & their own docs.


No, this is the PMC that will be gone at the end of the month. Hoping for better things in 2024!

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DavidG45 on 12/11/2023 10:32 AM
I happen to think this might be the more fair approach. Revealing any info about who has applied to be a candidate or what is in the application could give those who submit applications later an edge.
KerryL1 (California)
Posts: 14,550
Posted:
I don't see David's 12/11, 10:32a post. I assume he thinks that applicants' names shouldn't be revealed until the time specified in an HOA's docs or state law. I don't think I see an issue with the names. In my HOA, owners simply ask inv cubits if they're running again and also encourage others to run. in the latter case someone might say, "Ive turned in my materials."

But the candidates' apps and whatever else they submit (bios? a photo?) as determined by bylaws, statutes and/or board policy, made, one hopes, in open meetings should only be revealed simultaneously to all Owners.

With Cathy, some candidates start campaigning before nominations for names to appear on the ballot are closed--their choice. It does give others who're considering applying information and possible ammunition for their own campaign. Wise or not I often told others I wasn't sure if I'd run--true about half the time-- and did not turn in my app, bio etc., until the deadline. One year, I did not trust our then-PM to keep my app confidential and knew she supported a competitor--so, last minute only made sense.

Fn: I'm not going to look up the date, but in my state, apps must be submitted to the designated place at least 60 (?) days before the annual meeting and election, after which, the names are sent to all owners. For the past two years we had 4 candidates for 3 openings. Some time before ballots were mailed, last year, the candidate, an incumbent, had a stroke, resigned from the Board, and withdrew his candidacy. To the delight of many, his gap year off the Board to undergo major intense PT & OT resulted in his election to the Board recently this year.

This year, the PM had not checked closely enough re: one new candidate, who did not qualify due to his ownership status. He lives in his parents-in-laws' condo and has power of attorney. That, however, is not sufficient per our Bylaws or Election Rules (a Clif. thing) , to qualify. So the 3 remaining candidates in both elections could've been elected by acclamation without the expense of mailing out election materials. BUT, in CA's nightmare statutes, it was too late in both cases to start that process, which also involves deadlines.

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