Board election Notices

Our HOA is calling an election for board members. However, they’re not sending out the candidate names, or ballots. They’re only sending proxies and accepting floor nominations only. To my knowledge the board is required to send out candidates list, proxy or ballot with the meeting notice, and floor nominations are optional. Can someone please provide insight? Our board is a complete mess.

What do your Bylaws say about candidates and elections, if anything? Check Texas statute, TPC 209.005 (a-1) and thereabouts for info about HOA candidates and elections. I do. believe there are more requirements that boards must fulfill, but you need to see this for yourself.

See posts by BarbaraD, who very recently was successful with others in her HOA to force a correct election that a rogue Board was trying to thwart.. Start with her 1/1/24 10:13PM posts and then go back from there.

When is the election?

When nominations for the floor is allowed one may not know who is running until election time thus any "list" of candidates prior to this may well not be correct.

Without Proxies (which the BOD sends out), we could not establish a Quorum. We allow nominations from the floor so our MC comes prepared to print and distribute ballots then and there. That said, we are a small HOA (112 members) with a Quorum of 20% (25 owners). I can see how our procedure could be cumbersome in a large association. Also in 6 years under owner control, only once have we had more candidates then open spots on the BOD

Dean

I do not know in which you are located but some of the information you posted does not apply in Texas. And possibly other states. I do not have time this evening to dispute your post point by point, but will try to do so tomorrow.

Our Bylaws allow nominations from the floor so we do not make ballots prior to the election. Our MC brings a laptop and a printer to our annual meeting and will make ballots then and there once we know who is running. We rarely get more then 15 to 20 owners out of 112 at our Annual Meeting so on site ballot prep works for us. That said, now 6 years under owner control and only once have more people run then open spots. In our Annual Meeting notification package we do include a proxy that has two options. One is assign it to the BOD. The other is assign it to another owner of your choice. Without proxies there would be years we do not make quorum of 20% or 23 owners. I typically ask my neighbors to assign their proxy to me so I bring 3-6 proxies with me.

I didn’t notice the poster was from a Texas. In my view TX, FL and CA are top states with far too much regulation pm of HOAs.

Dean

The election procedure (other than notice windows and such) is not usually contained in the declaration or bylaws, you are correct. The process is somewhat at the discretion of the Board depending on State law and code mandates.

Candidates are free to submit their name at any time once the 'call for candidates' is issued. The submission of the candidate form is to the Secretary of the Association or the MC, depending on the process used in the association. The candidates need not be nominated from the floor at the meeting although doing so is an option, as is self-nomination in advance of the meeting or at the meeting. If nominated from the floor, whom ever is chairing the meeting, if they have any common sense, will give the candidate(s) two or three minutes to address those in attendance. Sometimes all the candidates are afforded the opportunity. Candidates may submit a biography which will be circulated to the members of the association if it is received prior to the meeting, or at the meeting, or both.

Depending on the Association and its process, members may indeed submit an absentee ballot. Of course doing so often means late candidate submissions or nominations from the floor at the annual meeting may not be included on the absentee ballot.

Absentee ballots do not require a proxy, although that may be one way for an absent member to direct their vote be cast for a specific candidate or candidates. There must be a closely managed ballot control process.