Nominating committee to recommend board members

Started by BernardH • 12 replies • 2252 views

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BernardH (Virginia)
Posts: 28

Posted:

There is already enough homeowners -not all supporters of the current board - showing an interest to be elected as board member during the next annual borad meeting.
The board approved, a suggestion of the president- to have a committee appointed to recommend a slate for the board.
This committee formed by board members (no homeowners has been invited to participate) will not work to sponsor all volunteers but the only the ones they will recommend.

I see unfair, may be illegal and vertainly a lack of ethic to have a committee appointed by the board to recommend candidates -and so influence homeowners - to fill the vacancies on the board.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I am assuming that the MEMBERS elect the Board at the annual meeting, right?

A board-run Noninating Committee is VERY unusual . . . does it say in your bylaws that a Nominating Committee even has to exist? If so, how does it get its members?

I don't like it that the Board members comprise the nomination committee. This smacks of a pre-screening - by the very Board that is supposed to be elected! The fox is running the chicken coop!

Anyway, don't get intimidated. The "slate" is just a list of people who are willing to run. There still must be nominations from the floor AND write-in votes accepted UNLESS your bylaws give certain procedures that required a written ballot to be sent out way before the annual meeting. Even then, nominations can't be closed by the Board.

GlenL (Ohio)
Posts: 5,491

Posted:

Bernard this will likely come back to bite the BOD in its collective butt unless there is something in the controlling documents allowing this committee to screen the applicants. Our documents call for a nominating committee composed of a BOD member who is not running and two H/O formed x number of days before the election. Nowhere does it give them the right to reject an applicant - that is for the voters. We allow all nominated candidates an equal chance to post why they want to run, what there hoping to accomplish on the BOD, etc in the newsletter. We also have a meet the candidate meeting a week or two before the election to give interested H/O's a chance to meet the candidates and ask questions. While we do allow people to be nominated from the floor, these people are at a disadvantage to people who have campaigned and who have their names already on the ballot.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bernard,

Since you stated the board appointed a nominating committee, does this mean this is not a requirement in your bylaws? Many assn docs have this as a requirement and generally it states a board member may chair the committee but the members of the committee are comprised of non-board members. In many instances the nominating committee will screen candidates, even though this requirement may not be outlined in the bylaws. I don't think this is proper. Any individual who expresses a desire to have their name placed on the slate of candidates should not be denied. IMO, no one has the right (or should have the right) to decide who has the right to run for a position on the board. However, if your docs are silent on this issue, and the board chooses to operate in this manner, the only recourse would be through nominations from the floor. However, make certain this is allowed in your bylaws and by state law. In AZ, nominations from the floor are not permitted if the HOA chooses to conduct the election by mail-in ballot. And it should also be noted that those candidates nominated from the floor have the disadvantage of their names not appearing on the ballot and also of not having the opportunity to participate in a candidate forum if one were to be held. Of course, if you are one of the members willing to run for a position on the board and feel you're name will not be placed on the slate of candidates, there is no reason why you cannot actively campaign knowing a friend will nominate you from the floor. Anyone not able to attend the meeting can write-in your name on their mail-in ballot.

BernardH (Virginia)
Posts: 28

Posted:

A letter from the nomination committee has been included in the homeowners package of information for the annual meeting.
This letter recommends, names 3 homeowners and states to all homeowners that they are the best suitable for a board members position.
I see this as a unfair way to have an equitable presentaion of the 4 candidates. What action can I take?
Regards.

BernardH (Virginia)
Posts: 28

Posted:

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Bernard,

The procedure for nominating and electing board members should be in your bylaws, or maybe in your CCRs. If those documents do not specify a nominating committee, then your board is probably not authorized to create one.

Even when a nominating committee is authorized, there are a few points to remember:

1. A nominating committee may work best when your have difficulty obtaining members to run for the board, not when you have too many. A nominating committee can canvass residents to seek out those who are willing to volunteer, thus assuring you will have enough candidates at your annual election.

2. The president (and sometimes even the vice president) shold never be on the nominating committee. Most parlimentary authorities frown on this.

3. Nominations from the floor should always be allowed.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I agree with Bruce, Bernard.

For example, in our governing documents, there is no way we could have a nominating board.

Our process, prescribed in the by-laws, does not allow for a nominating committee and pretty dictates that any and all nominations must be distributed on a mail-out/mail-in ballot, with the returned ballots not allowed to be opened until the night of the annual meeting AT the annual meeting.

I'd be interested in what your documents say about the nomination process.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bernard,

Since the letter has already been mailed to the members informing them of the annual meeting, I'm not sure there is anything you can do about the letter from the nominating committee. At least not for this year's elections. However, perhaps you can insure this does not happen in subsequent years. Even if a nominating committee is required IAW your gov docs, they should not be stating to the members that the candidates they've included on the slate are the "best" suited for the position. Although it is the duty of a nominating committee to come up with candidates, anyone choosing to run for a position should have the opportunity to have their name entered on to the slate of candidates.

The only recourse for anyone wishing to run in this year's election is to be nominated from the floor, if that is allowed in your assn. Of course these candidates have a certain disadvantage by not having their name on the ballot. But if you have 4 openings and only 3 candidates on the slate, at least one of the floor nominees has a good chance of being elected.

EllenS1 (Florida)
Posts: 1,148

Posted:

Our docs state that people can be nominated from the floor at the meeting. If you have a management company call them to see if this can be done. Some boards get out of control with their power because they know most owners have no idea what is contained in the governing documents.

BernardH (Virginia)
Posts: 28

Posted:

Although I have pointed out that the nomination committee should not recommend but only bring a slate of nominees, the nomination committee (made of the vice president, the teasurer and the secretary) read the letter a recommendation sent in the annual meeting package before the election conducted.
The president of the HOA did not say a word.
If it's against the law in VA to unfairly recommend a candidate, does the law in Virginia has a tool to recall an election?

SusanW1 (Michigan)
Posts: 5,202

Posted:

You are using the word "recommendations" but the general membership does not have to accept this Board's recommendations. The "slate" is people who have agreed to run; at the time of election, there should be nominations from the floor. Also, write-in votes can be accepted.

So I am not sure if you have a "case" - rather this is an issue of educating the voting members what the election process is and what a "slate" is.

KirkW1 (Texas)
Posts: 1,665

Posted:

I recommend that you make copies of the proxy votes and get out to your neighborhood. Your voice will multiply greatly. Our neighborhood recently transitioned from developer control. I wanted to ensure that the quorum would be met so gathered proxies. I also figured that I as a resident could better vote then the board president/developer could as to our direction.

It wouldn't take you too much time to have a sizable block to vote and you can help take back control. Also, be sure you know the rules as in many associations nominations can be made from the floor. Doing this will go a long way to removing the board's influence. Nominations from the floor can carry as much or more weight then the slate. Especially if someone accuses the board of attempting to fix the election. Don't assume you are the only one who will notice.

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