Election Committee

Started by RickM • 5 replies • 2321 views

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RickM (Florida)
Posts: 10

Posted:

1) In our community in south Florida we are coming up to election of a new Board of Directors on October 1st. We are forming an election committee. I brought up that family members of the people that want to run should not be on the election committee (conflict of interest). The other board members said that this is not in our bylaws or covered in the State Statues. They are correct, but I still believe that family members of the people that want to run should not be on the election committee. What is your opinion?

2) These board members are going to post the notice of the meeting and agenda at the club house entrance 48 hours in advance of the meeting (our normal way of posting notices of meetings). This will be the first that members of the community will hear of the search for volunteers for the election committee. At this BOD meeting the board will select who will be on the election committee. I feel that this is too short of a time for proper notice of looking for volunteers. I feel that that an announcement for volunteers should be at one meeting and the selection from the pool of volunteers done at the next monthly meeting. What is your opinion?

CharlesW1 (Georgia)
Posts: 826

Posted:

RickM,

I’m very surprised you haven’t gotten any other opinions. First I would like to know if the election is still scheduled for the 1st of October.
It may not say it in the CC&Rs but I too feel it would be a conflict of interests.
I have a good idea, but what does an election committee do, exactly?

That would be like have two members serve on the board that were related.
It’s doesn’t say that they can’t serve on the board, in many by-laws but it is frowned upon.

Just curious to know how everything is going for you

Chuck W.

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

Rick, this all depends on how active your HOA is. It is better not to have a family member of a person who wants to run be on the nominating committee. And more advanced notice would be nice. But with all the apathy in associations it is sometimes necessary to allow people to self nominate. It is even necessary to twist arms at annual meetings to try to get enough candidates to fill the openings.

RickM (Florida)
Posts: 10

Posted:

Hi Chuck

Thanks for your reply. The election has been moved to Oct 7th. Two people on the election committee are spouses of two of the candidates. They have worked very hard to keep the election honest. I was pleasantly surprised. I still believe that relatives or house hold members of candidates shouldn’t be on the election committee due to conflict of interest. Even if everything is kept honest, it still raises the question especially if that candidate wins. It looks like we are going to have a good election despite my convictions about relatives on the election committee. THEY HAVE DONE AN EXEMPLARY JOB.

This election committee has set up the whole process from letter of intent to run, personal information sheets, proxies, ballots, envelopes, the process of collecting the ballots and proxies and confirming that only one ballot per lot is put in the ballot box and they set up the process for counting and confirming the count of the ballots.

I my previous association, the BOD handled getting candidates to run, sending out the ballots and proxies etc. At the annual meeting the BOD asked for volunteers to be on the election committee. The election committee then collected the ballots and proxies confirming only one per lot and counting the votes and finally announcing the winners.

Rick

RickM (Florida)
Posts: 10

Posted:

Hi Roger

You are very right. We have only two candidates on the ballot. Two others withdrew their names at the last minute causing the committee to reprint the ballots. I would have been on the ballot but I won’t meet the requirements by Election Day. Our governing documents say directors must be property owner’s residing in the community. My home is under construction and won’t be completed by Election Day. I will probably remain the Vise-President. This is a non-Director position. I don’t see how I can hold this position as our governing documents state that the Vise President will become the President and Director if the President leaves his/her position. I think they don’t want to deal with that prospect until it arises. As of the last six months they use my experience of eight years as director in my previous association.

Rick

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

Hi Rick,

The procedure was followed in an exemplary fashion, you and the other members of the HOA are fortunate. It does not however negate your feelings of conflict of interest. You are 100% correct in theory, I've seen rigging like you can't believe.

Your by-laws may or may not address this matter of possible conflict of interest relating to a nominating committee. However, rather than create a rule and regulation that may institute a restriction of owner's spouses, etc., you and the HOA should strike while the iron is hot. Capitalize on the good example of the current volunteers. Seek other volunteers to join them!!!

Best of success!!
GeraldT1
NNJ

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