Candidacy for Board

We will have our annual homeowners meeting in August even though it is posted on our website as 'Annual BOD Meeting' which is misleading. [last year, even lawyer announced very loudly that meeting was adjourned; new BOD members completely ignored the rest of us homeowners and told us to leave as they wanted to have a meeting.]
Anyway, my questions. Is there a stated timeframe that the current BOD or PM must mail out a notice to homeowners wishing to run for the BOD and return their forms? In our case, the cover letter stated this meeting will be held on August 12; the letter was dated June 10 but was included in our July assessment statement postmarked June 29 (I received it June 30) and, that any Candidacy forms received after July 10 will not be accepted.

Also, I have found nothing in our governing documents or Homeowner Rules and Regulations Manual stating a homeowner is in good standing. I understand the logic behind this and do agree but, it is misleading especially when it is not explicitly stated (in so many words) in our governing docs. As they've put it in their cover letter '....they must also be current with their assessments, owing nothing to the Association by way of assessments, fines or other fees/charges...'. That in and of itself is very misleading due to timing of Annual Meeting, slated for the 12th, and I know for a fact PM closes their books on the 15th of the month or business date after if 15th falls on the weekend.

Finally, do homeowners have any recourse in deciding when ballots/proxies are to be opened and, who actually runs this meeting? In the past, PM/CAM has always stated they have the right to open all envelopes prior to the meeting to "save time". IMO, that raises doubt on ballots received and could possibly sway votes and/or give reason of fraudulent votes. I'm sure there are probably other important items homeowners may want to vote on at these meetings but, the BOD along with the lawyer have sabotaged these meetings by announcing at the very beginning that no other business will be conducted with the exception of voting of officers to the BOD. I even was told by lawyer it is a BOD decision; if that is so I believe it should have been addressed/included on BOD Meeting Agenda and voted on. I've attended every meeting and this subject matter never came up for discussion or,motioned/ratified.

Renee,

I suggest a thorough read of your bylaws for elections procedures, nominations, notice of annual meeting, etc. Also you may want to check out your state HOA statutes. If both are silent on your areas of concern, then the BOD has the authority to do as they feel best. As Gloria stated, these rules vary from assn to assn and from state to state.

I am not an attorney but I have to agree with your assn's attorney in saying it's a board decision regarding what will be on the agenda for the annual meeting. Even though the board will make up the agenda for the meeting, this is a meeting of the members and the members should have the freedom to bring up any topic they choose at the meeting. Depending upon what the topic is, they may not be able to vote on it but they should be able to discuss anything they so choose. Check out your bylaws and state law to see if it's written anywhere that only those items stated on the meeting agenda may be discussed at the meeting. I doubt you will find this restriction written anywhere, but of course I could be wrong.

The PM is wrong in stating they have the "right" to open the ballots b/4 meeting. They can only do what the BOD instructs them to do. It's not uncommon for the PM to do this; however, the board should announce to the members the date, time and place when the ballots will be opened so that any member who so chooses may attend. I've never heard of anyone but the BOD conducting the annual meeting simply because most bylaws do state the Pres shall preside at all meetings. However motions can be made by a member and all votes are cast by the members. This is a meeting of the members not a board meeting.