Nominating Committee

How would you interpret this By Law" in terms of timing. Our annual meeting and election will be held in March. Last week our BoD set up a nominating committee for this March election. The wording indicates "committee must be formed prior to the annual meeting to serve from close of such meeting until close of next annual meeting. Wouldn't this newly appointed committee then serve from the close of the March 2025 meeting until the March 2026 meeting thus vetting candidates for the 2026 election? Help, we are a neighborhood divided! The BoD will not even review the possibility that this committee may be invalid for this election. (Florida statute 720)

Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting. The nominating committee shall consist of a President, who shall be a member of the Board of Directors, and two or more members. The nominating committee shall be appointed by the Board of Directors prior to each annual meeting of the members to serve from the close of such annual meeting until the close of the next annual meeting. The appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine but not less than the number of vacancies that are to be filled. Additional nominations may be made from among members and non-members.

Thanks for your time.

From experience, the only thing that is important is whether someone has been turned away from being nominated due to invalid reasons.

In other words, regardless of whether there is a nominating committee, anyone who wants to run and meets the statutory requirements for being on the board should be allowed to run.

nominating committees should be illegal. They only exists to make it harder for those opposed to the current leadership to make it harder to get nominated. We updated our CCR's and got rid of that Baloney years ago.

Our nominating committee takes the time to visit with owners and encourage different owners to consider running for the Board. They can answer questions an owner may have and give the perspective candidate with the proper candidate form. We also have the process to nominate candidates from the floor during the Annual meeting.

For the March election, the committee should go ahead and make sure nominees are qualified pursuant to statute. But if the committee does not, and people who are qualified are allowed to run for office, then this is fine.

In other words, what I (and maybe others) was (were) trying to say is that legally, the presence of a nominating committee is not relevant.

No, this part is not true in all states. What you wrote is also incomplete for Florida.

Florida statutes have other requirements for eligibility to serve.

As well it is a huge mistake for a nominating committee to list qualifications beyond those statutorily required, as if the nominating committee could refuse to nominate someone who did not meet some standard (apart from statutory standards) that the committee set.

In Florida and elsewhere, this is false.

Non sequitur.

I agree.

The mere presence of a nominating committee causes confusion.

Just change the name to "Search Committee."

You and I know that. Others do not. As well Bylaws frequently indicate otherwise and do not reflect current law on the subject.

You can have the last word.