Rule Regarding Board Member Nomination

Started by CariB1 • 5 replies • 1313 views

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CariB1 (California)
Posts: 8

Posted:

Hi all -
I've been following the frustration with lack of GovDoc rule enforcement over the past couple of months and just got the 8/31/09 update - congrats to new board election!

Which leads me to my conundrum!

I have been working "with" our tired, disallusioned board for quite some time and put my name in for consideration fo this next term (the 90 day nomination ruling). I hate to say it, but I had several moments of frustration and (partly because I commute between two towns where I am (happily) President of our smaller 10 unit HOA) I removed myself from nomination via email.

This leaves our situation as follows:

5 existing (tired, disallusioned!) board members
2 terms up this year
2 people disgruntled but ready to leave
Me - volunteer
One other volunteer who is also not communicating - but willing

There is NO voice communication AT ALL between parties regarding this matter -

Our meeting is in October

Q: if a HOwner volunteers within the required 90 days, withdraws, BUT puts name back in b4 packet goes out to members, could they legally still be accepted as a nomination?

Bottom line is that I made a mistake by withdrawing - both to existing members and to the one volunteer - as no changes will ever come about as is.........

SOMEONE PLEASE SEE IF YOU CAN HELP ME ASAP AS TIME IS OF THE ESSENCE..........

SusanW1 (Michigan)
Posts: 5,202

Posted:

90 days notice for running for the board! Wow, that's incredible. Why such a long time for nominees? Is this the slate presented by the nominating committee? Are they screening nominees?

Are they printing a written ballot? If so, consider running as a write-in. Just let people know you are interested. Also, are they taking nominations from the floor? That's another option.

CariB1 (California)
Posts: 8

Posted:

We are in California and this is the state requirement - Stirling Davis Act - everything is by secret ballot - DOES make it tougher!!!!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Even written ballots should allow for write in candidates!

Your 90-day requirement state rule sound limiting and cumbersome.

What if NO one was able to make that decision within 90 days?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Cari,

I did not see a "90-day nomination requirement" in the Davis-Stirling Act, specifically 1363.03, Election Procedures. Did you get this info from another portion of the statute? I did see that nominations from the floor and write-in candidates are allowed.

GloriaM (North Carolina)
Posts: 829

Posted:

Cari:

Are you sure that your state does not allow for self nominations from the floor? Better check to make sure, read your Bylaws and the Davis-Sterling Act again.

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