Board Election Process - No secret ballot

Started by DennisS1 • 5 replies • 2074 views

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DennisS1 (South Carolina)
Posts: 2

Posted:

Our HOA (150 properties) has had a closed nomination process for years where the BOD put forth a slate of nominees equal to the number of open board positions. Last year their slate was the existing HOA president & a board member who both wanted to remain on the board. When I approached them to indicate interest in running, I was told ‘they already had their slate’ and I could be nominated from the floor at the annual meeting (per bylaws). That being the only apparent choice, I was nominated from the floor but faced with a difficult odds, the two incumbents were re-elected.

After the election, the HOA president reviewed each vote to see who specific residents voted for and then approached those that did not vote for him (including other board members), questioning their allegiance. Besides being unethical, were any laws broken? I am working to get an open election process in place but facing resistance by those who want to maintain control. Any advice is appreciated.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The election process seems in order. Nominations from the Nomination Committee are presented to the membership for EACH candidate, AND nominations from the floor AND write-in candidates are also accepted for each position.

BUT >>>> If you wanted the position, you should have campaigned BEFORE the election. There was no need to even talk to the president about your intentions to seek the office.

Having said all that . . . the president was WAY out of line to even touch the ballots and should be disciplined for that at the next meeting!!! Depending on how far you want to take this, he/she could even be reprimanded or even expulsion.

The ballots should be in the posession of the secretary, and, if there are no objections to the election results, destroyed after a motion and vote of the Board to do so.

Opening "ballots" and talking to members about their votes is a real violation of the basic right of members to cast secret votes. Shame on your president!!!

DennisS1 (South Carolina)
Posts: 2

Posted:

Susan, thanks for your comments.

My concern is that the nominating committee and the board are one in the same. The result is the board then controls who is on the board creating more of a ‘good old boys’ club rather than an open process. They select who they want and those people are affirmed by vote of the owners at the annual meeting, rather than really elected.

I am pushing for the creation of a nominating committee, made up of board & non-board members. In the end, I’d like to see open elections – the only requirement is a member be in good standing. If there are four (maybe more) who want to run for two open positions, so be it. My thought is that the owners should decide who they want to govern the community. The nominating committee would oversee the process, ensure the candidates are in good standing and in the event that we didn’t have enough candidate come forward, they would reach out to owners to encourage them to serve. Hopefully that makes sense and would be a sound process? Comments encouraged & appreciated.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Dennis,
The election process is only the tip of the iceberg in your association.
If your associations allows a president to read who votes for who, then come and talk to people about their choice, you all probably deserve what you are getting.

Get some of these people together and start wagging the tail from the right end. My documents in my condo in SC states ALL members are qualified and if you are qualified all you have to do to ask that your name be on the slate.

Dennis, don't take this stuff. You have absolute rights, the Board as a Board don't. They are a function of the owners, nothing more, nothing less, and good ones know this and are a pleasure to work with.

The owners are at fault, no doubt about it, the Board is just wrong about this and that is no great sin, the Presiodent should resign, if not, he should be recalled on the fact he read the votes and acted improper. This recall is an owners function.

Start the process and keep us posted.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I can never figure out how the concept of and nominees from the Nomination Committee got to be so "almighty."

There is the perception that those nominated by this Committee are somewhat "better and preferred" than anyone else. Not so.

If the bylaws simply state that any member in good standing is eligible for electon to the board, then that is everything needed.

The rest is politics - campaigning and letting people know what your "platform" is.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Susan,
I think it started off big until is worked it's way down to nothing in some cases.

I would like to see more open politicing in associations. Bet there won't be so many bad choices made.

Also, I hate to see the same Board reappearing year after year. I can't say, in my observation, their record is that great.

To keep electing the same people is just another way to do wrong.
A well run HOA is easy to find if you ask the right questions.

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