Election Time!

Started by PattyB1 • 9 replies • 1261 views

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PattyB1 (Kentucky)
Posts: 40

Posted:

Hi everyone! We sent out our nomination forms as we do every year,but when I received one back, the person had added an office and nominated themselves. Our Bylaws say that we only need 3 board members and since we have not needed or had a VP for the past 2 years, it's not been on any forms. Can a homeowner just add an office like that and nominate themselves? Can we ignore it or do we have to make a new form? Thanks, Patty

DonnaS (Tennessee)
Posts: 5,671

Posted:

Patty,

Oh by the way, I want to be Queen of Paradise so I annoint myself.

NO he cannot add a position up for electionjust because he wants to. Your Bylaws say 3 for the Board, assuming that they are president, secretary and treasurer? To add another board member will take an amendment to the bylaws and articles of inc which spells out board structure

KirkW1 (Texas)
Posts: 1,665

Posted:

I would not just disregard the person's interest. Instead, I would contact her and explain that there are three board member positions for election. If you are typical, then positions are elected from and by the Board members.

She may well wish to run for the Board nut not understand. If you simply dismiss her it could turn quite ugly in a hurry.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Patty?

I'm a little confused.

Your HOA nominates OFFICER positions and NOT DIRECTORS for the board?

Our HOA, and most that I've seen, have directors on their boards and then the board elects officers from the pool of membership-elected directors.

In other words, the officers are elected within the board of directors BY the directors themselves.

Example:

First week of January: A Call for Nominations for the board of directors is sent to the HOA membership. This is for board member nominations only. NOT officer positions.

Mid-January: All nominations for board members received. A ballot of all people nominated is prepared and sent to the membership for votes.

Our HOA can have up to 9 board members. So the top 9 vote-getters when the ballots are returned are elected to the board of directors.

The new board holds its first meeting. In that meeting, the board members nominate and vote on the four officer positions from among the 9 members. (In your case it would be 3 positions, I presume.)

So now the board has the following directors (with up to 4 of them holding officer positions).

Annie Fannie (President)
Janie Lamb (VP)
Twiddle Dee (Secretary)
Al Capone (Treasurer)
James Kirk
Magilla Gorilla
Margaret Thatcher (woulda thought she woulda been prez.)
P. T. Barnum
Tina Fey

The HOA membership never gets to either nominate or vote on officers of the board of directors.

Are you certain that your HOA's documents aren't similar (except for number of slots allowed)?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Patty,

My first thought was why did this person indicate what board position she wanted to run for. In most instances, the members elect the directors and the directors, in turn, elect who will serve as officers. What do your bylaws say? Also, if your bylaws are specific in saying only 3 board members, that doesn't mean one person can't wear 2 hats, i.e. VP/Secretary or VP/Treasurer.

You stated you sent out nomination forms, so why do you question this person nominating herself? IMO, any member can nominate anyone they so choose, even theirself. The only thing I would question is whether or not she would be willing to serve on the board as any other officer. Her nomination form cannot be disregarded and, NO, you do not need to send out new forms. A board member should contact this person, explain the procedure, and ask if she still wants her name on the slate.

AlM1 (Georgia)
Posts: 6

Posted:

By-laws say you can have 9 Board members, but do you think the number of candidates can be limited by asking members to only vote for 7 of the 9?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Patty - Do your bylaws say that there is a VP position? If the position of VP has been vacant for 2 years, this person can put his name into the hat to run for that position. And WHY would you leve that very important position vacant for 2 years!?

AIM - voters cast their votes from the 9 candidates. The top 7 vote getters become the board.

MaryA1 (Arizona)
Posts: 7,043

Posted:

This is an old thread resurrected by Alm. The OP (Patty) hasn't posted since she started the thread back in May!

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By SusanW1 on 09/15/2009 7:33 PM

AIM - voters cast their votes from the 9 candidates. The top 7 vote getters become the board.

Wow. If I were one of the 9 who didn't make the 7-top-vote-getters cut, I would file a complaint!

The poster stated that their by-laws say 9 board members.

The board can not restrict that down to 7 without an amendment.

The board can also not attempt to influence the election by telling people to only vote for 7 candidates.

I have to admit, I'm a little surprised at your answer, Susan!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Oh Gosh - sorry . . .
of course if there are candidates to fill the maximum number of slots, the top vote getters fill them.

top nine fill the top 9 slots.

my bad.

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