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Subject: Nominating Commitee??? HELP!
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Author Messages
GerryW1
(Florida)

Posts:29


10/08/2018 9:48 PM  
Hi All Again. Was wondering if anyone here has experience with using a Nominating Committee to collect information from candidates, and possibly ensure that information is properly disseminated. From what I've read these committees have limited use lately. Anyway, I have a few questions on procedure, meeting rules etc. if anyone currently uses Nominating Committees for HOA or Condo Boards, or if not, alternatives. Thanks much. Board Novice.
CarolF
(Florida)

Posts:406


10/09/2018 5:12 AM  
This is how our HOA handles it. No nominating committee

NOTICE OF ANNUAL MEETING AND FIRST NOTICE OF ELECTION OF DIRECTORS MEETING FOR XXX (Association)
NOTICE IS HEREBY GIVEN, that the Annual Meeting and Election of Board Members will be held at the following date, time and place:
DATE:
TIME:

PLACE:

The purpose of this meeting will be to elect members of the Board of Directors and transact business of the Association.

Any unit owner (or other eligible person) desiring to be a candidate for the Board of Directors shall give written notice to the Association of such person’s candidacy on or before (date) no later than 4:00 p.m. to XXX(Property Manager)

The candidate information sheet, which the Association will include when the ballots are mailed to the unit owners, can be no more than one side of an 8 ½ x 11 sheet.

The Agenda for the meeting will be as follows:
1. Certifying of proxies.
2. Approval of Minutes
3. Officers Reports/Committee Reports
4. Election of Board Members
5. New Business
6. Old Business
7. Adjournment.
NigelB
(Texas)

Posts:242


10/09/2018 7:57 AM  
Posted By GerryW1 on 10/08/2018 9:48 PM
Hi All Again. Was wondering if anyone here has experience with using a Nominating Committee to collect information from candidates, and possibly ensure that information is properly disseminated. From what I've read these committees have limited use lately. Anyway, I have a few questions on procedure, meeting rules etc. if anyone currently uses Nominating Committees for HOA or Condo Boards, or if not, alternatives. Thanks much. Board Novice.



Prior to the changes in the Texas Property Code a couple of years ago, many governing docs specified that a nominating committee would review applications for positions on the board and recommend those individuals they deemed to be appropriate.

If you think about it, why would it be necessary for a committee appointed by a board review the credentials of prospective board members unless the purpose was to maintain the status quo.

Anyway - now in Texas the use of a nominating committee has been done away with, prior to an election an HOA must advise its members of the election and give them an opportunity to have their names placed on the ballot. There are no qualification requirements or vetting other than those qualification requirements contained in the governing documents.
SheliaH
(Indiana)

Posts:2282


10/09/2018 8:55 AM  
What Nigel said.

All you need to do is ask homeowners to nominate themselves or another homeowner for a position and set a deadline (if you don't accept nominations from the floor during the annual committee). Send a questionnaire to all the candidates and set a deadline for the responses, and then publish that in your community newsletter. You can designate someone to receive that information and if there's no response, state so and so didn't respond to the questionnaire. Let the other homeowners interpret that however they want.

Better yet, have a type of "meet the board candidates" special meeting where all of them show up and homeowners can ask everyone whatever they want. Do this before the ballots are cast.
GerryW1
(Florida)

Posts:29


10/09/2018 9:07 AM  
Thanks for your detailed specifics. Our bylaws specifically state that a nominating committee will be used. However, bylaws are almost 30 years old, and times have changed. Plus, we must use Roberts Rules, so nominees are allowed from the floor at the end anyway. I’m just trying to be compliant but use the committee as a positive screening tool, without specifically recommending or rejecting anyone who qualifies. I have questions on how to actually run the committee meetings.
GerryW1
(Florida)

Posts:29


10/09/2018 9:22 AM  
My above comment was to Carol. Thanks Nigel and Shelia for the comments. I agree. Unfortunately we have it in our bylaws, but Roberts Rules on elections including Proxy rules and nominating from the floor seem to make it more of a dinosaur tradition. Yet, we are about to embark on it. So some of my questions are: What procedure would a committee meeting follow? Could it be informal, without Yaying and Naying everything. Since we don’t want delays, or a controversial environment (since all we’re doing basically is collecting names of candidates submitted), can the meetings be done unannounced, without inviting the association (again- very limited scope and authority, simply reviewing applicant’s entries to ensure they are homeowners, aid in the dissemination of information, etc???). Any help will be appreciated.
NigelB
(Texas)

Posts:242


10/09/2018 10:25 AM  
Posted By GerryW1 on 10/09/2018 9:07 AM
Thanks for your detailed specifics. Our bylaws specifically state that a nominating committee will be used. However, bylaws are almost 30 years old, and times have changed. Plus, we must use Roberts Rules, so nominees are allowed from the floor at the end anyway. I’m just trying to be compliant but use the committee as a positive screening tool, without specifically recommending or rejecting anyone who qualifies. I have questions on how to actually run the committee meetings.



You can always change the bylaws. Ours specified that they could be changed at a regular or special meeting by a majority of a quorum of the members present in person or by proxy. Which is what we did when the State changed the law regarding board elections. We also changed them to eliminate the developer favored make up of the board to only allow those individuals who are on the deed of a property to serve as a director.
FredS7
(Arizona)

Posts:854


10/09/2018 11:55 AM  
Most organizations I have been involved with...the nominating committee has the job of finding/ cajoling/ persuading someone to run when there are no volunteers.

KerryL1
(California)

Posts:5767


10/09/2018 12:55 PM  
Ours is required by our bylaws too. the board asks for volunteers at an open board meeting, 3 alway do All it does is sit with our Prop. Mgr. who informs them of who has submitted a candidates statement and the PM has checked to make sure they are actually owners in our HOA. We have no other board requirements. that's that. No need, I don't think, to make it complicated.
GenoS
(Florida)

Posts:2435


10/09/2018 1:53 PM  
Our bylaws also call for the use of a nominating committee. It functions more as a "candidate search" committee than anything else. For the last 2 years the committee has consisted of only 1 person who makes phone calls to the homeowners and cajoles them to running for the board. 100 phone calls last year, some requiring callbacks, turned up 2 homeowners who were interested. That person has no desire to do that again this year.

We have no PM so all interest has to be funneled through the secretary.
RichardP13
(California)

Posts:3059


10/09/2018 2:04 PM  
Many Bylaws in California will have the language for Nominating Committees, but they have no power as they cannot reject any candidates, unless they are not qualified, either by their Bylaws of Election Rules. Candidates can now self-nominate themselves.
GerryW1
(Florida)

Posts:29


10/09/2018 4:17 PM  
Thanks all for the comments. Confirm that Nominating committee will be limited in scope and cannot influence choices.
JohnC46
(South Carolina)

Posts:7772


10/09/2018 7:39 PM  
I say when nominations are allowed from the floor, all other procedures are a waste of time. I say allow who ever wants to run, to run. The only problem with this in some states those behind in dues are not allowed to run and in other states, they are allowed to run so this must be dealt with.

In my association, prior to voting, we check if the nominee(s) is delinquent in their dues which says according to our Bylaws they cannot run. In those cases, the nominee was taken aside and informed they were not eligible to run and they politely withdrew.
GerryW1
(Florida)

Posts:29


10/09/2018 7:59 PM  
Yes. I think our main duty will be to check on dues/standing, and send out information. The nominating from the floor process is definitely a possibility.
JohnC46
(South Carolina)

Posts:7772


10/09/2018 8:05 PM  
Posted By GerryW1 on 10/09/2018 7:59 PM
Yes. I think our main duty will be to check on dues/standing, and send out information. The nominating from the floor process is definitely a possibility.




Possibility or not, do your Bylaws allow for such?
GenoS
(Florida)

Posts:2435


10/09/2018 8:14 PM  
Florida HOA law is pretty specific about nominations and says "... if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting". As half-baked as our election procedures are (as in they don't really exist) we do require candidates to be nominated in advance (so that ballots and proxies may be printed well in advance of the meeting) and we do not allow nominations from the floor.
GerryW1
(Florida)

Posts:29


10/09/2018 8:36 PM  
Our Bylaws (1992) require a nominating committee. But we are required to allow nominations from the floor, and follow Roberts Rules for most things. If that makes sense.
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