Ineligable Nominees

The Nominating Committee of our HOA is empowered by the Bylaws to nominate new members to the Nominating Committee which nominations must be approved by the Members at the Annual Meeting. Members of the Nominating Committee are required to be "Members in good standing". I am told the Nominating Committee will nominate two people for election to the Nominating Committee who are not Members of the HOA.

The Nominating Committee has been advised that the two people they intend to nominate are not eligable according to the Bylaws.

What action can the President or Directors take if the Nominating Committee persists and presents these ineligable nominees to the Members at the Annual Meeting?

One member of the Nominating Committee understands the problem but he is in a minority. Any advice or suggestions will be appreciated.

Bill

WilliamD,

Agree with RogerB. Stated differently, call a workshop meeting with the nominating committee and ALL their nominated candidates, so their are no hard feelings. Inform the nominating committee that failure to submit eligible applicants will result in the immediate disbanding of the nominating committee. Inform their nominees that you are grateful for their willingness to be nominated and partake in the process. However, they are ineligible according to the governing documents of which the Board has a fiduciary responsibility to uphold.

GeraldT1
NNJ

As mentioned earlier the Board is not empowered to discharge the Nominating Committee or appoint a new committee.

It occurs to me that the President could declare any motion at the Annual Meeting to nominate an ineligable person to the Nominating Committee could be declared "Out of Order" on the basis it is in violation of the By-laws.

Presumably that would set aside the motion and the only appeal would have to explain how the nomination was not in violation of the By-laws?

Any thoughts on that? Bill

Interesting point Gerald. The By-laws do not specifically prohibit the Board from disbanding the Nominating Committee but I wonder if this isn't implicitly prohibited since the Board does not have a voice in appointing the Committee. However, since the Board has the fiduciary responsibility for the functioning of the Association in the best interest of the Members of the Assoiciation, it seems reasonable that the Board could discharge the Nominating Committee if it was not operating in a fashion consistent with the By-laws and other Governing Documents of the Association and the best interests of the Association.

However, I wonder if this approach is more likely to draw legal action than the approach of simply calling "out of order" the nomination of candidates who are not eligible per to the By-laws?

Bill