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Subject: Nominating Committe
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Author Messages
GregoryE
(Florida)

Posts:1


04/22/2019 7:31 PM  
Having a nominating committee is in our docs but we have used it once in 11yrs. Is having a nominating committee necessary if the majority of the board does not want it. we have 5 positions and 5 nominees.
KerryL1
(California)

Posts:6350


04/22/2019 7:59 PM  
We have one required in our bylaws too. So the Board duly appoints one every year. They sit with the PM for 10 minutes while she checks to make sure any candidates who apply actually are Owners and are not convicted felons, so they may serve on our board if elected. When (if???) we ever rewrite ou bylaws, we'll removed that requirement.

IMO, it's a bad idea to ignore your governing documents, so just keep it simple.

Does FL require a nominating committee?
GenoS
(Florida)

Posts:2907


04/22/2019 10:29 PM  
Is it an HOA or a Condo, GregoryE? Florida made nominating committees "illegal" in condominiums a few years back. They're not forbidden in HOAs, and if your documents - bylaws, perhaps - say you have to make use of a nominating committee then you should do so until such time as you can pass an amendment to your documents that eliminates the nominating committee.

It's OK, even in a FL Condo, to have a "candidate search committee" which is what most nominating committees are these days anyway, but in theory a nominating committee in an HOA can, in conjunction with a sitting board, arrange to lock out owners who may want to run for the board. For example, if there's one open seat at the election and 6 people are interested in running for it, a nominating committee can prevent 5 of the 6 from running so that their preferred candidate is the only one on the ballot.
GeorgeS21
(Florida)

Posts:1211


04/23/2019 7:15 AM  
In single family HOAs I’ve been a part of, we use the Nominating Committee to generate new board members ... usually it is hard to get new volunteers, so they help do this by advertising and spreading the word. A very useful function.

I can see how it could be used for evil, but easy to offset the evil by having nominations from the floor, as well.
JohnC46
(South Carolina)

Posts:8276


04/23/2019 2:51 PM  
We appoint our MC and his Secretary as our Nominating Committee but it means little as our Docs do allow Nominations From the Floor right up to voting time. The MC does verify those Nominated to be in good standing. Only once did we quietly have to take some aside that was Nominated From the Floor and tell them they could not run as they were not in Good Standing.

All that said, we usually have to beg/draft people to come on the the BOD as overall our members are happy.
TimB4
(Virginia)

Posts:16311


04/23/2019 3:54 PM  
Our documents require one.
Therefore, we appoint the board as a committee of the whole.
CathyA3
(Ohio)

Posts:243


04/23/2019 4:00 PM  
Our docs also require one and we do as Tim's board does. If a board member will be seeking re-election we replace that person with another homeowner.
TimB4
(Virginia)

Posts:16311


04/23/2019 4:06 PM  
Basically, as a committee, the board asks those who we think will serve.
We also advertise in our newsletter the desire for those wanting to serve to step forward.
All who desire to serve are placed on the ballot.
We also have nominations from the floor (thankfully, as that is where most of the nominations actually come from).
KerryL1
(California)

Posts:6350


04/23/2019 4:09 PM  
We permit nominations from the floor too, but no ever does as we've had mail-in ballots in CA since '06. The top vote getters generally receive in the 90s via US mail and so no one nominated on the floor could win---I don't think...
FredS7
(Arizona)

Posts:900


04/24/2019 9:46 AM  
Yeah, that's one strategy. If allowed, you could alternatively designate one person as a nominating committee of one, who will then try to scare up candidates.

In many, although not all, cases the purpose of a "nominating committee" is to scare up enough candidates to fill all the openings.

I agree that allowing nominations from the floor provides protection against abuse.
NpS
(Pennsylvania)

Posts:3247


04/24/2019 10:29 AM  
We got rid of nominations from the floor many years ago.

- Many of our best candidates don't attend the annual meeting.

- Those who accept the floor nomination typically haven't taken the time to find out what's involved. Many regret being thrown into a responsibility they weren't expecting.

- We invest a lot of energy getting a new member up to speed. Not worth it if someone winds up being a short-timer as many floor nominees do.

- We would rather run short-handed than add more dead weight than we already have.

Something different we tried this year.

- CAI has a day-long Board Leadership Development Workshop. We bought a block of seats and invited every owner to attend. No obligation. No responsibility. Just come and get a basic understanding of what it takes to run an HOA.

- All 5 Board members plus another 8 homeowners attended. Pretty good for a community of 80 homes.

- We think that trained homeowners can sometimes be more valuable than Board members (who might be seen as the enemy).

- Don't know how it's going to settle out, but it sure beats getting stuck with whoever is cajoled into accepting a floor nomination.

Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
AnthonyS5
(Florida)

Posts:26


05/04/2019 3:52 AM  
As an organizer of a recent petition to amend our bylaws regarding board elections to allow for an absentee mail-in ballot, I proposed in one amendment to eliminate the use of a nominating committee, for the very reason used above. If these nominating committees are used (and appointed by current board members) they, during the soliciting period, can and will "lock" anyone out they don't like, or are fearful of them winning against a person they would rather see get elected. As you know FL law regarding candidates running for an open board seat in HOAs affords ANY member the ability run as long as that member is in good standing. So why the need for a nominating committee at all? Never liked nominating committees for this reason. BTW, our community vote on the amendments is coming soon.
GenoS
(Florida)

Posts:2907


05/04/2019 2:02 PM  
Posted By AnthonyS5 on 05/04/2019 3:52 AM
As you know FL law regarding candidates running for an open board seat in HOAs affords ANY member the ability run as long as that member is in good standing. So why the need for a nominating committee at all? Never liked nominating committees for this reason. BTW, our community vote on the amendments is coming soon.

Good for you, Anthony, and good luck getting the amendment passed. You've identified several of the reasons why nominating committees are frowned upon. The Florida statutes do say any owner in good standing can run for the board. Nominating committees exist for the purpose of denying owners that right. That's why the legislature outlawed nominating committees in condo associations. But, as usual, homeowners associations get the short end of the stick when it comes to legislation.
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