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Subject: Election Process

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DebbieW1
(North Carolina)

Posts:1

09/16/2008 1:01 PM
Our builder for our community has been done since Jan. 08. In Sept. 07' we had a meeting to elect all the board members. The builder told the nominated president that she didn't become president because not enough people voted. At least 2/3 of the homeowner's have to vote. Now, here we are in Sept. 08', still no HOA, but I heard some woman in our community saying she is the president. I call the builders today and asked if we have a president and they gave me a name. How could they give me a name, it's not the person we elected in 07'. They told me that no one would step up to the plate and take the role, so this one person that says she's the president called them and said she'll do it. Is that fair? I didn't get a letter in the mail, I didn't get to vote. I don't even know this person's agenda on being president. I thought it was law that you had to do teh election process.

DonnaS
(Tennessee)

Posts:2796

09/16/2008 1:16 PM
Debbie, This is a perfect example of what happens when there is owner apathy. The Builder is done with the buildout and had wanted to establish a BOD probably by order of your Documents. An election vote requires by your docs, 2/3rds and there were not enough votes to establish the Board, therefore the Builder has the rights to appoint or in this case, accept any member to take on the position. If you read your documents, you will find all of that in there someplace. But instead of worrying why she is now President, get members involved. The cow is already out of the barn and unless the membership gets involved, things will only be at a standstill from now on.

SusanW1
(Michigan)

Posts:2117

09/16/2008 2:03 PM
Shame on the developer and the new board for not letting the residents know about this.

TonyM3
(Arizona)

Posts:131

09/16/2008 3:43 PM
The President is just a figurehead.

KirkW1
(Texas)

Posts:1110

09/16/2008 6:01 PM
...In Sept. 07' we had a meeting to elect all the board members. The builder told the nominated president that she didn't become president because not enough people voted. At least 2/3 of the homeowner's have to vote... If this is accurate, then you are in for a very bumpy ride. Normally quorum for normal business lies at 20 to 40%. But then again, your should not have even continued a meeting if quorum was not met. If you did not meet quorum then probably the power to appoint board members rests with the builder still. But without actually seeing your documents we can only guess here. The first step is to read and re-read your association's governing documents.

TonyM3
(Arizona)

Posts:131

09/16/2008 9:39 PM
Our quorum was at 60% until we lowered it. If it's the developer's board then they should have the right to appoint officers.

GloriaM
(North Carolina)

Posts:778

09/17/2008 2:47 PM
Debbie: If the election took place in 2007, it would appear that new elections are coming up. Go ahead and call the woman and ask when the elections will be held. Run for the board.

Dr. Gloria J. Martinez, CFO Official HOATalk.com Sponsor Author of "A Guide to Community Living" Faith Management Services, LLC (North Carolina) (704) 799-3791 www.FaithManagementServices.com *See legal notice below (end of page) or go to www.hoatalk.com/legal

MitchC2
(Virginia)

Posts:10

09/19/2008 4:56 AM
We have a community of 40 homes where we are fortunate when we have 1 or 2 members who are not a member of the board, but attend meetings (and volunteer to do work). Not much help. The point: Your state laws and HOA governing documents rule. It is crucial to understand your governing documents - I didn't read mine for the first 17 years ... and finally did. I discovered that there was very little that we were doing that was correct or legal. I "introduced" our Board to the documents and started quoting them in discussions ... now we're pretty healthy and getting a great deal done to keep the community looking great. One thing that no one is mentioning is PROXIES. Owners can be apathetic and nothing will change that. As long as you have enough people interested in keeping the HOA working (per the governing documents), you can succeed. You should use proxies (even if you have to go door-to-door to get proxy signatures). This allows you to have (say) three people in the "annual member meeting" and elect directors to serve. Normally, the directors vote for the officers (President, VP, Treasurer, Secretary) ... don't confuse election of directors (the HOA membership does that) with electing officers (the directors do that). Proxies allow membership meetings to take place so that the interested parties can conduct the business of the "Annual meeting" - usually to elect the directors.

SusanW1
(Michigan)

Posts:2117

09/19/2008 5:24 AM
This person was probably appointed by the developer if there was no transition board at the turnover. (There was a turnover, wasn't there, you said "done with") I am not sure why you contacted the builder at this point. Contact this "volunteer president" and ask to see the bylaws. They should spell out the election process AND the meeting requirments for the board and the Membership. Good luck!

BrianB
(California)

Posts:1732

09/19/2008 2:54 PM
good advice mitch! just make sure proxies are legal in your state (as always, Arizona doesn't allow proxy voting) before you proceed with proxy voting.

SusanW1
(Michigan)

Posts:2117

09/19/2008 3:46 PM
We don't even know if this group has bylaws yet! All we know is that there is a woman who has volunteered or was appointed as "president". Much more info is needed.

SusannaM
(Florida)

Posts:171

10/09/2008 8:43 AM
Posted By MitchC2 on 09/19/2008 4:56 One thing that no one is mentioning is PROXIES. Owners can be apathetic and nothing will change that. As long as you have enough people interested in keeping the HOA working (per the governing documents), you can succeed. You should use proxies (even if you have to go door-to-door to get proxy signatures). This allows you to have (say) three people in the "annual member meeting" and elect directors to serve. Normally, the directors vote for the officers (President, VP, Treasurer, Secretary) ... don't confuse election of directors (the HOA membership does that) with electing officers (the directors do that). Proxies allow membership meetings to take place so that the interested parties can conduct the business of the "Annual meeting" - usually to elect the directors. I'm in a similar situation and hoping that with the help of a handful of neighbors, we'll be able to gather enough proxies for our Dec. 9 elections. I'd like to be considered for the 2009 board. We have 558 SF homes. What I'm not sure is that if I gather enough proxies from homeowners would it prevent me from running for office ?? Candidates will make their presentation from the floor at annual meeting. Your thoughts.

JohnK3
(Pennsylvania)

Posts:438

10/09/2008 9:43 AM
Susanna, Depends on what your collected proxies give you (I assume it's you) to vote for. If they are blanket, as in, Sue can vote on my behalf on any issues, then sure, vote for yourself. If they limit what you can vote for, that would control, IMO.

SusannaM
(Florida)

Posts:171

10/09/2008 9:58 AM
JohnK, point taken. I'll have to wait and see what the Pres. and Prop. Mgr. come up with. I've suggested a proxy without limitations as far as the number of times we may have to vote since the HOA may have to call for a second and even a third annual meeting until all options are exhausted.

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