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RodneyG1 (Kentucky)
Posts: 4
Posted:
Hi, my name is Rodney and I'm new to HOATalk.com. I'm also a fresh new board member to my HOA, however, I have been wondering if the way I was nominated/elected is legal. I have been told that the way it went down is not how it's supposed to be done. Basically a letter went out about a meeting for new board members to be elected. There, I nominated myself and it was seconded by someone at the meeting. Four of us were nominated and the current board wanted to resign so basically they said "you're it now, we resign." Can it happen this way? Four people were nominated then the current board members stepped down and told us to fill in. However, there was no real election. I'm not sure if this is something that is in our bylaws or if it's even legal at all. Like I said, I'm about a week into this and I've just been hearing chatter that we weren't legally elected. Is the chatter correct? Help please!

Thank you in advance.
Sincerely,
Rodney
SusanW1 (Michigan)
Posts: 5,202
Posted:
If there were four candidates for the four positions, and no nominations from the floor, the group could be elected by acclaimation.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Rodney,

You were elected by "acclamation" -- election without a vote. If an election would have been held, you would have been elected anyhow because there were no other candidates. So if anyone is complaining or saying you weren't elected properly, it's a moot point. IMO, the BOD should still have held the election or at least called for a motion to elect the 4 candidates and do away with the balloting.
SusanW1 (Michigan)
Posts: 5,202
Posted:
sorry - acclimation
RodneyG1 (Kentucky)
Posts: 4
Posted:
Thanks you all. That was pretty much my thought process with it. However, the chatter has proclaimed there has to be some sort of meeting or ballet to elect board members. Seems like a waste of time if the four nominated were going to be elected. Once again, thank you for the help and quick replies.
-Rodney
JonD1
Posts: 2,350
Posted:
Rodney:

Under the circumstances you described with the Board "dumping" this into your laps I would have to wish you lots of luck.

Sounds like you might be heading into some problematic situation.

I would have asked why did they resign and what am I getting myslef into?

Good luck to you and the other new Board members.

MarianneG (Indiana)
Posts: 170
Posted:

Only because I got caught on this once, I now know it it acclamation (an oral vote, often unanimous, usually taken after the sense of a meeting is clear and unmistakable)

Acclimation is becoming habituated to a new climate or environment.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I agree with Jon, Rodney.

With the older board bailing so quickly it seems you might be in for a wild ride.

DanaB1 (Connecticut)
Posts: 319
Posted:
Add my name to Jon and Michele.

Rodney, you are in for an eye wakening experience. For your first board meeting I suggest you grab your heart meds and put on an adult diaper; I have a feeling your about to lose bladder control. :-)

Entire board steps down............RED FLAG.

There is either much you aren't telling us about or much you don't know about.

Not that we need to know as you only had a question pertaining to the election.

But seriously Rodney, welcome to your board and this forum.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Thanks, marianne
RodneyG1 (Kentucky)
Posts: 4
Posted:
I appreciate everyone's input. Also, the red flag did pop up for us new board members. They're an older group and I think just got tired of the "headache". Plus, maybe I was a little misinforming when I said they resigned. They are going to help us out and familiarize us with everything until 1/1/09. I know I'm in for a challenge just by the way the community has talked about the HOA in the past. However, I like a good challenge.
-Rodney
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Were enough Members present or by proxy for a quorum and to elect BODers? Your docs will provide that info.
MarianneG (Indiana)
Posts: 170
Posted:
Rodney,

I seriously congratulate you for your willingness to "step up to the plate" by nominating yourself for the board. I also congratualte you for your openness to ideas and for facing the challenges present in being on a BOD. The experiences we have had here have shown that an attitude like the one you're presenting (openness, willingness to take on responsibility, wilingness to learn) goes a long way toward being successful. If I were to offer one piece of advice it is this: operate in such a way as to keep people informed of your BOD actions. Secretiveness breeds suspicion. Best of luck to you!
RodneyG1 (Kentucky)
Posts: 4
Posted:
Thank you for the advice, Marianne. Our number one goal is the keep the community aware of everything that accurs. We believe that is where the last board failed on.
GraceH (Virginia)
Posts: 224
Posted:
Rodney,

I must say that you are very lucky to have been told or found out about this site. It was over a year before we stumbled upon it. As you see, everyone here is more than willing to help. A piece here, a piece there, before you know it, you have the whole pie.

I strongly agree with Marianne, keep it open !
TracieS (Colorado)
Posts: 460
Posted:
A year? I've been a PM and on the BOD for over 4 years, and I just found this site a month or two ago!! SOOOO grateful!!!!

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