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JoanneA
(Florida)
Posts:4
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| 03/09/2010 6:18 PM |
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| At our annual election last month, three people submitted their names in advance and had their names put on the ballot to run for two positions. Voting took place and the two highest people were elected. Then someone asked if they could nominate another person from the floor. Our president, at that time, did not know, but assumed it was ok. That person then was "elected" and the person who "lost" on the first voting, was also "elected. Now we have a 5 member board. As a board member, I think this was illegal? Any help would be appreciated. |
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RobertR1
(South Carolina)
Posts:5152
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| 03/09/2010 6:40 PM |
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JoanneA,
My opinion! If your recollection is accuarate the election may not be illegal, but it was improper and probably should be accepted by the first vote count. However there is a question did the president declare the vote valid, and did he announce the nominations closed. I am not positive but if he didn't then none of the elections is proper. What did the minutes of the meeting say? Were these minutes approved?
Someone is going to have to stand up and declare the procedures final or raise the question of doubt and suggest a new election. The Board has to do the former, at risk of being challenged and any member can stand up at a Board meeting and raise the latter and expect to get a definitive position from the Board. The President dug the hole, I suggest he find a way to get out of it. If the Board ignores it, bring it up at board meeting and force a public respose, then do what you think you should. |
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JoanneA
(Florida)
Posts:4
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| 03/09/2010 6:47 PM |
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| The President is no longer with us. He had to resign due to personal reasons. He left us with this mess, as well as other problems he created. |
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JackB8
(Virginia)
Posts:89
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| 03/09/2010 6:49 PM |
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| I'm confused. Two vacant positions - Two people elected during the "election", one person from the floor elected after the "election", and the person who was not elected during the "election" was elected after the "election. What a goat rope? Who was supposed to be running the election but obviously failed to do so? |
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RobertR1
(South Carolina)
Posts:5152
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| 03/10/2010 3:32 AM |
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JoanneA,
When a reference is made that refers to any Board position, that does not necessarily mean a particular person. My reference to the President means the official position as an association elected position. In other words, the President, or whatever or Board member or employes or M/C represents the association. So this past presidents action, gone and forgotton are still the responsibility of the Board. I can also say, your finger pointing should definitely include the entire Board. It happened on their watch, and the President serves the Board, they elected him, the Board serves the people, the people elcted them, the M/c or other employees serve the Board, the Board hired them and can fire them and are mandated by the people to manage them using good business practices. My opinion, subject to examination. |
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DonnaS
(Tennessee)
Posts:4644
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| 03/10/2010 6:32 AM |
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Joanne,
I too am confused. 3 people ran and the top 2 were elected in normal election process--Yes? Someone then--after the votes were counted and the winners were announced, nominated a person from the floor?? Who allowed that? NO!, why would that be allowed? No, IMHO, they did not win, and should not have been allowed to take that nomination from the floor.
Oh Brother, have you got a mess. You said that the President allowed it because he did not know? Didn't anyone else think that perhaps this is not right? You are going to need a special meeting to straighten this out. Only the persons elected at the first part when the ballots were counted are the valid winners. The Board will be in a horrid mess if this is not righted. Removal of the President is also in order. I am glad that he was not running the State Elections Board (Gads, maybe he did run the 2000 Fl. elections) |
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MaryA1
(Arizona)
Posts:6875
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| 03/10/2010 6:57 AM |
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Donna,
I think you may be right that this guy ran the 2000 FL election! LOL
I have to agree that the first 2 people declared as winners after the ballots were counted are the ONLY 2 who should have been seated as new board members. The "second" election that took place was void. Simply because the ballots had already been counted and the winners declared meaning the election was closed.
For future reference, before the ballots were counted the Pres should have asked if there were any nominations from the floor, but only if the bylaws allow for that. After the nomination from the floor was made then the Pres would announce that the nominations are closed. Then the ballots are counted and the 2 candidates receiving the highest number of votes are elected. The BOD cannot arbitrarily increase the number of board positions unless the bylaws allow for it. If you have never had a 5-member board and the bylaws do not call for a 5-member board then you cannot have a 5-member board.
IMO, the 2 individuals "elected" in the second go-round were not legally elected and should not be holding a seat on the board. |
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DonnaS
(Tennessee)
Posts:4644
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| 03/10/2010 9:16 AM |
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Mary,
I am still shaking my head in this amazing situation. I mean, I think that even 5th graders would stand up and say that this is not how elections are run. You just cannot play "Tag", you're it for now until someone else stands up and wants to be elected. I find this President unable to lead a meeting, much less a Board. |
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