MissyS (Florida)
Posts: 73
Posts: 73
Posted:
When one board position is open and only one candidate can a motion be made to accept the candidate or do you have to do a formal vote?
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election?
Started by MissyS • 21 replies • 3198 views
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
The presiding officer can declare the person elected by aclaimation, as long as there is no chance of nominations coming in from the floor or written ballots where there may be a write-in candidate.
AnnaD2 (Florida)
Posts: 960
Posts: 960
Posted:
Missy, put it on the agenda for a regular board meeting:
Appointing Board Member
At the meeting explain how many people have thrown their name into the hat. If there is only ONE, then appoint that person to serve on the board....and invite them to the table.
Appointing Board Member
At the meeting explain how many people have thrown their name into the hat. If there is only ONE, then appoint that person to serve on the board....and invite them to the table.
MissyS (Florida)
Posts: 73
Posts: 73
Posted:
This might sound dumb but how do you do an aclaimation?
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Presiding officer says: The nominee for office of secretry is Mary Smith. There being no other nominees, let the minutes show that Mary Smith is elected by aclaimation to the office of secretary for the HOA.
MissyS (Florida)
Posts: 73
Posts: 73
Posted:
That's just what I was looking for...thanks
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Missy,
Frankly, I do NOT think the Pres has the authority to state the candidate has been elected by acclimation. IMO, the proper procedure is for the Pres to call for a motion to elect the candidate by acclimation. I.e., "Whereas there is only one candidate, Mary Jones, and one board position open, I call for a motion to elect Mary Jones to the vacant board position by acclimation." All members present vote yea or nay. I've based my opinion on the fact that the members elect the candidates, not the Pres.
Frankly, I do NOT think the Pres has the authority to state the candidate has been elected by acclimation. IMO, the proper procedure is for the Pres to call for a motion to elect the candidate by acclimation. I.e., "Whereas there is only one candidate, Mary Jones, and one board position open, I call for a motion to elect Mary Jones to the vacant board position by acclimation." All members present vote yea or nay. I've based my opinion on the fact that the members elect the candidates, not the Pres.
MissyS (Florida)
Posts: 73
Posts: 73
Posted:
Mary you are correct. If this should come up again and I'm sure it will, the President will ask the membership for a motion.
Thank you for your reply.
Thank you for your reply.
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
In California, it is best to amend your Bylaws to allow "election by acclamation".
http://www.communityassociations.net/cacondoguru/archives/2009/12/hoa_election_do.html
http://www.communityassociations.net/cacondoguru/archives/2009/12/hoa_election_do.html
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By DanielH1 on 12/18/2009 10:52 AM
In California, it is best to amend your Bylaws to allow "election by acclamation".
http://www.communityassociations.net/cacondoguru/archives/2009/12/hoa_election_do.html
In California, it is best to amend your Bylaws to allow "election by acclamation".
http://www.communityassociations.net/cacondoguru/archives/2009/12/hoa_election_do.html
Why??? I read the article and don't recall reading anything suggesting the bylaws be amended.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
This falls into the redundant category. Same as
"There being no additions or corrections to the minutes, they are accepted for the record."
or
"There being no other business of the HOA, this meeting is adjourned."
Why go thru the motions needlessly?
"There being no additions or corrections to the minutes, they are accepted for the record."
or
"There being no other business of the HOA, this meeting is adjourned."
Why go thru the motions needlessly?
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Quote:
Posted By MissyS on 12/17/2009 4:38 PM
This might sound dumb but how do you do an aclaimation?
This might sound dumb but how do you do an aclaimation?
There are ways to approve minutes, accept financial reports, and other matters by acclimation.
Examples the Chair may use are:
"Without objection, the minutes are approved as presented."
"Without objection, the financial reports are accepted as presented."
"Without objection, all nominees to be elected as Directors are elected by acclimation since the number of nominees is no greater than positions to be filled."
"Without objection the motion is approved by acclimation."
These procedures reduce those items which would obviously receive unanimous approval. A Chairperson who is knowledgeable with parlimentary procedures can significant reduce nonproductive meeting time.
Other items which can reduce nonproductive meeting time are:
a) Motions do not require a second for small groups.
b) Require motions to be presented in writting (minutes recorder will not need extra time to record the motion accurately).
As I have previously stated, a good Chairperson should conduct a Board meeting in 1 hour to 2 hours max when there is are lots of items on the agenda. When Board meetings take more than 2 hours we provide suggestions to the Board on methods to use for effective, efficient meetings.
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
In California:
"What is 'correct' under the elections law is to have the election, unless your bylaws or election rules provide for 'acclamation' and it is done per Robert's Rules."
So, unless your Bylaws allow acclamation, then it's not legally allowed.
So, it is best to amend your Bylaws to enable election by acclamation.
"What is 'correct' under the elections law is to have the election, unless your bylaws or election rules provide for 'acclamation' and it is done per Robert's Rules."
So, unless your Bylaws allow acclamation, then it's not legally allowed.
So, it is best to amend your Bylaws to enable election by acclamation.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Daniel,
I don't believe anyone has suggested that the election not take place. The only thing that wouldn't take place is the counting of the ballots. At the annual meeting a motion to elect by acclimation would be made, seconded and voted on. I don't believe the bylaws would have to be amended to allow this.
In another response you said the CA Davis-Stirling Act requires an amendment. I could not find this stated in the CA statutes. Can you elaborate?
I don't believe anyone has suggested that the election not take place. The only thing that wouldn't take place is the counting of the ballots. At the annual meeting a motion to elect by acclimation would be made, seconded and voted on. I don't believe the bylaws would have to be amended to allow this.
In another response you said the CA Davis-Stirling Act requires an amendment. I could not find this stated in the CA statutes. Can you elaborate?
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
Your election process is formed by your Bylaws and your state laws. If something isn't in your Bylaws and isn't in your state laws, then it isn't part of your election process.
California law doesn't say anything about "election by acclamation". And most Bylaws don't say anything about it, either. So, for most HOAs, it is technically not allowed.
But, if your Bylaws do enable it or are amended to enable it, then it would be allowed.
But, truth be told, few people would launch lawsuits in relation to uncontested elections and even fewer would be able to prove they were harmed by it.
California law doesn't say anything about "election by acclamation". And most Bylaws don't say anything about it, either. So, for most HOAs, it is technically not allowed.
But, if your Bylaws do enable it or are amended to enable it, then it would be allowed.
But, truth be told, few people would launch lawsuits in relation to uncontested elections and even fewer would be able to prove they were harmed by it.
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
To clarify, Davis-Stirling does not mention it so it is not technically allowed.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Quote:
Posted By DanielH1 on 12/22/2009 8:15 AM
To clarify, Davis-Stirling does not mention it so it is not technically allowed.
To clarify, Davis-Stirling does not mention it so it is not technically allowed.
Daniel technically it is if it is part of an Associations approved election rules. This is from davis-stirling.com an attorney's website:
RECOMMENDATION. Dispensing with balloting in uncontested elections makes the most economic sense. To remove any ambiguities, associations should amend their bylaws to (i) eliminate balloting in uncontested elections, (ii) eliminate write-ins and floor nominations, and (iii) include election by acclamation in the election rules.
Studies show that 5 out of 4 people have problems with fractions
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
Yes, Glen, you should amend your Bylaws.
DanielH1 (California)
Posts: 482
Posts: 482
Posted:
Maybe to be clearer, it is allowed if your Bylaws specifically allow it but it is not technically allowed if your Bylaws either are silent on the matter or forbid it.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Daniel,
What Glen posted is a "recommendation" not a requirement. If the members have filled out ballots but there is only one position open and only one candidate and no nominations from the floor I see no reason why a motion cannot be made to "elect" that candidate by acclimation even if that is not specified in the bylaws. I think you are just being too technical. I cannot imagine anyone who would complain about this process; there certainly is nothing fraudulent about it. On the other hand if this happens about every year the board may want to consider amending the bylaws to allow for a vote by acclimation. I would not recommend amending the bylaws to eliminate the balloting process even if there is only one candidate and one vacancy.
What Glen posted is a "recommendation" not a requirement. If the members have filled out ballots but there is only one position open and only one candidate and no nominations from the floor I see no reason why a motion cannot be made to "elect" that candidate by acclimation even if that is not specified in the bylaws. I think you are just being too technical. I cannot imagine anyone who would complain about this process; there certainly is nothing fraudulent about it. On the other hand if this happens about every year the board may want to consider amending the bylaws to allow for a vote by acclimation. I would not recommend amending the bylaws to eliminate the balloting process even if there is only one candidate and one vacancy.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Mary, Daniel lives in California the land that Davis-Stirling rules, each community must have written election procedures outlining everything. If it's not in the rules it's not supposed to take place, so while Associations can amend their rules to allow votes by acclimation they don't have to.
Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
This is a parlimentary procedureissue.
According to Roberts Rules, if the election does NOT require a written ballot:
"when only one nominee is put up and the bylaws do not require a ballot, the chair can take a voice vote or can declare that the nominee is elected, thus effecting the election by unanimous consent or "acclamation."
RONR, 10th Edition, page 428. ll 31-35.
Of course, your documents and state statutes prevail first.
According to Roberts Rules, if the election does NOT require a written ballot:
"when only one nominee is put up and the bylaws do not require a ballot, the chair can take a voice vote or can declare that the nominee is elected, thus effecting the election by unanimous consent or "acclamation."
RONR, 10th Edition, page 428. ll 31-35.
Of course, your documents and state statutes prevail first.
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