💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RobertT (Colorado)
Posts: 40
Posted:
In My community we have not reached Quorum in 10 years. We have had the same President since 2000 and have not had any real voting election. The problem I have is that The Board of Directors keep voting themselves in at the Executive sessions after the annual meetings.

GOOD OLD BOYS CLUB

It goes like this at the meeting; Bill is President

Moe Nominates Larry for a Second Term on the Board, then this is 2nd by Curly...Larry accepts the Treasurer position then Larry nominates Moe to the board and it is 2nd by Bill, Moe Accepts the Vice President Position....All in Favor.. Motion Carried... Then Larry Nominates Curly for a second term as Member at large this is 2nd by Moe..all in favor.. Motion Carried.

Then the next year after the annual meeting the Presidents term expires and this happens;

It goes like this;

At the Executive meeting and after discussion a motion was made to Nominate Bill to the Board of Directors, this is 2nd by Moe.. all in favor.. Nomination carried. Then after discussion the Board motions to Elect the Following;

Bill- President
Moe -Vice President
Larry- Treasurer
Curly-Member at Large

All in Favor.... Motion Carried..

At what point did the other 294 members of the community have any say in the voting process?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Robert,

I live in an HOA with 1700 homes. Obtaining a quorum for the annual meeting had been an ongoing problem so a number of years ago the CCRs were amended to require mail-in ballots for the annual election. These mail-in ballots also count toward the quorum. The annual meeting is still held (only a few people attend) and there have been no problems since.

Perhaps you can make a suggestion to your board that your CCRs be amended and you can finally get the 3 Stooges and their stooge, Bill, off the board. Or is it Bill and his 3 stooges? LOL

Good luck!

Mary
MicheleD (Kentucky)
Posts: 4,491
Posted:
Mary, mail-in balloting is more or less how our documents require annual elections.

In fact, there can be no floor nominations/voting at all. Nominations are required to be mailed in by a certain date in January. Then a ballot form goes out and all ballots must be returned the week before the annual meeting. NO BALLOTS/VOTING IS ACCEPTED PAST THAT DATE AND NONE CAN BE BROUGHT TO THE MEETING.

At the annual meeting, the ballots are opened, verified for Good Standing, then counted for quorum. Since we usually only have about 20 or 30 people show up in person for annual meeting, the mail-in ballots go a looooong way to satisfying quorum.

The directors are then announced at end of meeting. The officers are not voted on that night, but at the first meeting of the "new" board by the board members/directors.

One could also assume that we have a "good ole boy" thing going on since the same 5 or 6 people have been on the board, with an occasional newby every so many years, for the last 10 years, but the fact is, few people step up to run to begin with.

Our officers are restricted from holding the same position consecutively more than 3 terms so in essence, several of us have rotated through the officer positions more than once.

SusanW1 (Michigan)
Posts: 5,202
Posted:

RobertT,

If there are no other nominees for the positions, the presiding officer could have even declared the nominees elected by aclamation. No vote even needed.

The key is that if you don't have candidateS, then expect the lone nominee to get elected.

P.S. Who else do you think these three are going to vote for?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Michelle,

The procedure you described is pretty much the same as ours. Except that the mail-in ballots are counted by the Manager b/4 the annual meeting and anyone attending the meeting can bring their ballot in.

Several years ago a state law was enacted which states: "the assn shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery." If using mail-in ballots there are several requirements which must be complied with, one of which is that "the ballot shall set forth each proposed action." This particular requirement is what outlaws nominations from the floor. This law also outlawed proxies.

Mary
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By RobertT on 03/29/2008 6:53 AM
In My community we have not reached Quorum in 10 years. We have had the same President since 2000 and have not had any real voting election. The problem I have is that The Board of Directors keep voting themselves in at the Executive sessions after the annual meetings.

At what point did the other 294 members of the community have any say in the voting process?

The other 294 members of the community get to have their say when they get off their lazy, apathetic butts, and actually attend a meeting in order to cast a vote. I know that one or two hours a year is a tremendous amount of time to dedicate to the effort of knowing where your money goes and deciding who spends it, and besides that, American Idol is probably on.

SusanW1 (Michigan)
Posts: 5,202
Posted:

You are not getting my point:

WHO ARE THE NOMINEES FOR THESE POSITIONS?

IF THERE IS ONLY ONE, THEN THAT PERSON IS ELECTED!!!

YOUR PROBLEM IS NOT GETTING NOMINEES TO RUN AGAINST THESE PEOPLE!!!!!!
DonnaS (Tennessee)
Posts: 5,671
Posted:

I love this post.

Remember when HOATALK asked what we thought was the number one problem with our HOAs and the most popular answer was "owner apathy" Well, here it is again.

If no one shows up for meetings, no one wants to run and no one cares,, kudos to the couple of people who keep that darn association running. Be it poorly run or perfectly run, no one else cares so what's the gripe? My answer to them is either put up or shut up. I'd hate to think that whatever kind of job that these couple of Larry Moe and Curleys were not given at least a little credit for stepping up and taking a stand.

A sure fire way to get everyone to attend is to let a rumor get out that there will be speed traps set up in the community or that the dues are going up by a $1000.00. That will get their attention.

There is a 2000 member association down in W.Palm Beach whos Board meetings usually bring in 3 or 4 members to observe. How's that for apathy so it still is the number one problem in our HOAs
MaryA1 (Arizona)
Posts: 7,043
Posted:
Well I've got the poster child HOA for member apathy. There are quite a few HOAs in the community where I live in Glendale, AZ. The gov. docs. of one assn requires a 10% dues increase each year. For 2 years running the board has proposed an amendment to do away with this requirement but they've been unable to obtain the required number of votes to pass it. Apathy is one thing when it relates to not wanting to get involved, not wanting to attend meetings, etc. But not wanting to take the time to vote on something that will result in saving you money!!! I'm sorry, but this really blows my mind.

Mary
PaulM (Pennsylvania)
Posts: 1,347
Posted:
RobertT: The answer is in your docs. I know you may be tired of reading that, however, it is the truth.

Your docs will dictate when and how the Exec. Board is elected. Now, think back to the first member-elected Board. How was it done? Was an election held at an annual meeting at which members attended and cast their votes, either in person or by proxy? Normally, the minimim number of member-attended meetings is one per year, the "annual meeting", at which time any 'open seats' on the Board are to be filled by the election process.

Is your HOA being governed according to the dictates in your documents? The Bylaws will state the number of 'seats' necessary and, whether once the seats are filled, the Board members then among themselves decide who will assume what role.

What you have posted does not give enough official info. To answer the last question of your post...'they didn't.' For us to assist, you need to post what your docs state re the election process. Your docs are the determining factor here.

RobertT (Colorado)
Posts: 40
Posted:
I am slapping my self silly because you are all right! It's the community that needs to step up and get a new Board of Directors. We need people who want to serve the needs of the community by acting in this official position.

You are right about getting off our duffs and doing something. I think most people are acting like sheep in the pasture and are willing to reach back and take out more money to the tune of 3-4 million dollars.

They are in fear of retribution and understand the downright massive task in which we need to undertake to get this community back on its feet. They assume this Current board will do it but the proof is in the action that the Board has taken in wasting our money for years now and avoiding the facts and truth.

Here is a link to the By-Laws;
http://www.neighborhoodlink.com/pdf/neighnews/341355182/631546260/642289929.pdf

We have a 60% renter rate

We have 298 members

We have 70 Townhomes, 230 Condos

We pay $298 per month for a one bedroom and $615 for a 3 Bedroon Townhome
Emergency Assessment in Place with another 3-4 Million on the way

We have 75 Deadbeats with past dues

We have 18 building roofs that have been leaking for years now.

http://www.neighborhoodlink.com/centennial/hmca/

DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,
It sounds to me like every member in your association is either dead or missing in action. All that you just posted and no one does anything about it? I would be out of there, with or without a profit on my sale.
RobertT (Colorado)
Posts: 40
Posted:
I Must Keep The Faith
RobertT (Colorado)
Posts: 40
Posted:
I Must Keep the Faith
PatR (Florida)
Posts: 139
Posted:
Our elections are this week, and we have done everything to try to insure a quorum. Sent letters, emails, telling people not to vote by proxy. We even moved the elections into the clubhouse to make it easier for all.... Will we make quorum? Who knows. But I can tell you as a standing BOD member, I hope we do. I would hate to be in a postion of having the same BOD year after year. At my job, we allow proxies votes by BOD members by email or fax.(This is a multi-million dollar organization, and it works for them. That might be a solution, since people can vote from their home. The problem we have is that people now give their intent to run from the floor the night of the election. It would be preferred that they give their intent well before the meeting, so people can make a more educated choice.

It is far from a perfect process now.

Pat
SusanW1 (Michigan)
Posts: 5,202
Posted:
This is the issue when mail-in ballots, FAX-ins, proxies and nomination from the floor are all used at the same time.

In your case, with such a large membeship, better to have a cut-off for the nominations, run off a ballot, mail out, and accept them by return mail or in-person at the meeting. Use proxies to attain quorum requirement only, not for voting. No nominations accepted from the floor.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here