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Elections Committee Composition

Started by MaryP24 • 22 replies • 265 views

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MaryP24 (Pennsylvania)
Posts: 68
Posted:
We are exploring new ideas for our bylaws amendments related to the good governance of the Association. One of the areas is the Elections Committee, what the composition should be and how its members are chosen. Currently, we have implemented e-voting, and we are pleased with the outcome of owners voting and well as with the reports that we receive.

What are the current practices that you have found satisfactory with your Elections Committee? - if you have one.
KerryL1 (California)
Posts: 14,550
Posted:
Sounds like a great idea. Do you have in mind any particular tasks for the EC? I have not heard of a Committee like this, but in CA 1 or 3 "inspectors of election" are required by state statute. There even are companies that offer this service to HOAs in Ca.

They have several duties, but their most important job, imo, is that they tabulate the ballots. In CA this must be done so that all owners may witness the tabulation if they wish. Secret ballots are required an can mailed in. Inspectors may not be related to any candidates. Not sure how you'd do the witnessing, if interested or required, with electronic voting.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I'm of the opinion that your elections committee is similar to my past associations nomination committee.

It simply didn't work for us.

We never had enough volunteers to have a nominations committee.
Therefore, since we had to have one, the board was the committee.

Nominations were asking if anyone wanted to serve (and pray you have enough to fill vacancies).
Nominations were (per governing documents) allowed from the floor (a saving grace when there weren't enough initial volunteers to fill vacancies).

Sort of made the nomination committee pointless.
SheliaH (Indiana)
Posts: 6,964
Posted:
We operate the same as Tim's community. It's OK to have peopke tabulate the votes (in front of everyone attending the annual meeting if that's when you have elections). Make sure none of the members have a relationship with a candidate.
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
Posted:
Quote:
Posted By MaryP24 on 01/29/2024 5:46 PM
We are exploring new ideas for our bylaws amendments related to the good governance of the Association. One of the areas is the Elections Committee, what the composition should be and how its members are chosen.
State law will say the Board chooses how committee members are chosen, subject to the board having the lawful right to dismiss any committee member at any time, with or without cause.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Elle,

True. However, governing documents often identify standing committees and, sometimes, their functions.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Our experience was the same as Tim's: usually no volunteers, so the board did it (a board member who was running for re-election stepped down).

FWIW, in a few states nominating committees have been made illegal - I think Florida condos can't have one. The reasoning behind it this that the committee can act as a gatekeeper and can affect the outcome of the election. If your state allows them, it's still possible for the committee to go off the rails. One way to avoid that is to have a charter that defines what the committee will do and to have a board member on the committee as a supervisor.

If this committee is not required, you should also be prepared to disband it if the members won't stay in their lane. As you can probably tell, we were not successful with committees in general. They attracted people who wanted to challenge the board's authority and used the committee as a platform to do so.
KerryL1 (California)
Posts: 14,550
Posted:
Can you say a little more about what you'd want this Committee to achieve? The Board forms committees, and one possibility would be for the Board to write a committee charter about the duties of the committee.

Assuming your Bylaws give the Board the right to form committees and if not, state corporations code most likely give the Board that right, it seems overkill to place a committee's requirements in the Bylaws. Instead, the board should make a resolution to form this Committee and include is duties. Unless the governing document require certain committees, others should just be formed by Board resolution.

Our old Bylaws required a Nomination Committee and it was, indeed, worthless. We deleted it from our revised Bylaws a couple of years ago.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our docs call for a Nomination Committee and we found it useless as we allow nominations from the floor we never know until the last minute who is running. If not behind on dues and no outstanding violations one can run. Theses thing our MC can check prior to election.
MaryP24 (Pennsylvania)
Posts: 68
Posted:
Hello, TimB4

Thank you for your informative post! We experienced similar with the nomination committee and now the Council acts as nomination committee.
MaryP24 (Pennsylvania)
Posts: 68
Posted:
Hello, TimB4

Thank you for your informative post! We experienced similar with the nomination committee and now the Council acts as nomination committee.
MaryP24 (Pennsylvania)
Posts: 68
Posted:
KerryL1,
Thanks for your time and input!

We are having e-voting system and it generates ballot tabulation as well as other reports.
MaryP24 (Pennsylvania)
Posts: 68
Posted:
SheliaH,

Great point in regards to the members of the committee not being related to a candidate!

Thank you for your input!
MaryP24 (Pennsylvania)
Posts: 68
Posted:
ElleN,

Great comments! Thank you for sharing!
MaryP24 (Pennsylvania)
Posts: 68
Posted:
CathyA3,

It sounds like having a nominate committee a major obstacle in the operation of an association - no volunteers stepping in!

Unfortunately, people misuse their involvement in a committee as a platform to challenge the board's authority - sad!

Thanks for your time and information!
MaryP24 (Pennsylvania)
Posts: 68
Posted:
KerryL1,

Great recommendation to form a charter elections committee and identify their duties and responsibilities!
Also, the point you made about forming a committee by Board's resolution!

Thank you for the additional points!
MaryP24 (Pennsylvania)
Posts: 68
Posted:
JohnC46,

I agree with you in regard to the requirements for a board candidate (no delinquencies, no outstanding violations, etc)!

Thank you for your time and input!
KerryL1 (California)
Posts: 14,550
Posted:
Does your board have a rough idea about what they'd want such a committee to achieve? What is its purpose?

Before your Board places any restrictions on candidates, make sure they are permitted by your bylaws and/or state hOA or corporation codes.
DeanJ
Posts: 1,786
Posted:
Exactly what is an election committee supposed to do? You have a bunch of people who won’t run for office trying to find people who will?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DeanJ on 02/05/2024 8:39 PM
Exactly what is an election committee supposed to do? You have a bunch of people who won’t run for office trying to find people who will?

Theoretically they were supposed to verify that one running for the BOD was eligible to run. Well in associations that allow one to be nominated from the floor one could bypass the committee thus making the committee useless. In our case, prior to the election at our Annual Meeting our MC verifies the person nominated is is good standing thus eligible to run.
CathyA3 (Ohio)
Posts: 6,299
Posted:
One problem with the "eligible to run" thing is that an association's governing docs may say that candidates must be current on their assessments (ie, they don't owe anything). This sort of information may be confidential - it is in my community. So a nominating committee would have no way of knowing this.

Or the committee may get really enthusiastic and start running background checks, etc. To weed out the felons and other undesirables, don't ya know. Trouble is that the laws regarding felon's rights are changing, so the association may run afoul of recent changes. And such actions may result in witch hunts or turn running for the board into a popularity contest (which it often is, but that's a different problem). At best the committee may weed out candidates that don't fit into the committee's ideas of what a good board member should be - and if none of the committee members have served on the board themselves, they may eliminate people who would actually be good at the job.

Nominations from the floor and the internet have largely made such committees unnecessary. Our bylaws require one. Our attorney was the one who recommended that the board members serve on the committee, with any board member who is planning to run again stepping down and replacing them with a homeowner. It's purely going thru the motions to comply with the bylaws. And the one time we actually had a committee of homeowners, they accomplished nothing in way of finding candidates but did produce a list of things they felt the board was doing wrong.
KerryL1 (California)
Posts: 14,550
Posted:
It's not clear at all if Mary is talking about the ol' formerly-standard Nominations Committee. But, so far, she's not saying what the Board has in mind as duties or tasks for an "Election Committee." This working title suggest more than just qualifying candidates.

Some possibilities?

1. Compose and send to owners a "Call for Candidates" with deadline. We use a form that prospective candidates fill out.

2. Collect candidates applications and check to make sure they qualify, e.g., must they be owners?

3. Organize, host and emcee a Candidates Night when the candidates are asked questions by owners in attendance. Details available.

4. Absentee: Send out voting instructions and secret ballots if voting by mail is permitted with deadline to vote. Collect ballot envelopes, check names off on Owners List & store in secure place.

4. Voting AT the meeting in person or by proxy: I don't know how this works: Make a box in which voters place their ballots? Some sort of check-off list?

4. Electronic: I don't know how this works?

5. Tabulate ballots where Owners may observe the counting (req. in CA)

6. Announce the results to the Board & members stating those elected first and then those not elected, giving vote totals for each.

7. Publish to membership in whatever ways required by your bylaws or state laws.

Now, most of these task are done by our Comm. Mgr., so I assume in self-managed HOAs, the secretary would do many of these tasks with the board's guidance & assistance.

(Cathy's last sentence in her most recent post made me laugh out loud)

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