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Subject: Nominating Committee
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Author Messages
BonnieS3
(Florida)

Posts:22


05/18/2010 8:03 PM  
How does a Nomninating Committee work? This is what has happened: the Nom. Com. contacted 5 people the Chairman knew wanted to be on the Board. And will be submitting only those names. Isn't the Nom. Com. required to ask the entire Membership for nominations? This is our first election so procedures aren't clear.
TimB4
(Virginia)

Posts:9451


05/19/2010 12:58 AM  
It depends on your Associations governing documents. If your like mine where nominations can be made from the floor, the nominating committee is just a procedural requirement but doesn't mean much.

However, if your documents have requirements to serve as Director, then the nominating committee should verify that all nominees meet the requirements.

In a small Association, the committee may simply ask for volunteers or they may target certain individuals they believe would be good on the Board and solicit their participation and agreement to run.

In a large Association, the committee might actually interview the individuals to determine who might be best qualified.

Most Associations have zero guidelines for what a nominating committee is to do. If that is the case, they can do what they wish or, if given direction from the Board when appointed, they can do what they wish within the directions given.

1st question: Does your Association allow for nominations from the floor?
2nd question: Do you know of anyone who wishes to run for the Board and if you do have they made there desire known and been turned down?

Tim
BonnieS3
(Florida)

Posts:22


05/19/2010 3:53 AM  
1st question: Does your Association allow for nominations from the floor?
2nd question: Do you know of anyone who wishes to run for the Board and if you do have they made there desire known and been turned down?

1. Yes, our docs. allow for nonminations from the floor.
2. No.

Our concern is that all Members are not aware of the nominations becuz only a few were "selected" and contacted to accept a nomination.

What is happening is the Nominating Chair (who is a Board Member) is getting his "friend" on the Board and is also planning to put a Non-Owner on the Board as the Secretary (which can happen per our docs. only by "appointment" by the Board). It is manipulation in every sense!

We thought a Nom. Com. was obligated to contact all Members that Nominations were being accepted.

CarolF
(Florida)

Posts:315


05/19/2010 2:22 PM  
Bonnie - are you a homeowners association (under FL 720) or a condo association (under FL 718)?
BonnieS3
(Florida)

Posts:22


05/19/2010 4:42 PM  
Homeowners Association.
DonnaS
(Tennessee)

Posts:5671


05/20/2010 12:35 PM  

Bonnie,

This is where I have problems with questions like yours and memberships not having a clue as to what is going on. As long as things are running smoothly, it's in the house, close the door and probably never go to meetings. If members are not aware, then who is to blame?

Your documents and the Florida Statutes require elections and annual meetings. I'll bet that your Bylaws require a nominating committee as well. Humph, I'll bet most members don't know that, probably because they never read those Bylaws. So along comes a strong Board member who wants his cronies elected. Has anyone stepped up to say-"HEY, I WANT TO RUN FOR THE BOARD?"

So unless your documents require the nominating committee to contact every member, then obliviously, they have not followed the rules but I doubt that requirement is written into the Bylaws. You can nominate from the floor sostart a campaign to get others elected from the neglected group of members who want a say so but have not paid attention until now.

BonnieS3
(Florida)

Posts:22


05/21/2010 8:48 PM  
Donna,

You certainly are correct. There are 2 who have nonminated themselves; however, they are "investors" -- it is doubtful that they will be elected - 7 are running for the Board; our limit is 5 -- I guess it is time to start campaigning ... I have little time for that becuz guess who is paying attention to the Association, myself ... exhausted and concerned about the future of the Board.


Bonnie,

DonN
(Michigan)

Posts:357


05/22/2010 7:08 AM  
BonnieS3

As others have stated, determine the applicable state law and understand the requirements. The first year you will have to struggle through with your current governing documents.

Likely, the governing documents were written by the developer and for the developer. They likely favored the control the developer wanted.

Organize a committee to study the election issues and develop appropriate amendments to your bylaws. I favor open nominations from all members with a closing date for nominations including self nominations. Then each member accepting a nomination can submit a brief resumé and a brief statement on "why I am running for the board". This information is then provided with the notice of the meeting. All members are informed in writing with the same information.

I also recommend voting in person or by directed proxy. In a directed proxy, the proxy giver specifies which candidates the proxy holder must vote for. Avoid a general proxy which is subject to abuse.

With the open nominations, there is no need to accept nominations from the floor. Those attending the meeting by proxy are excluded from any knowledge of nominations from the floor. Further, discussion about the people nominated from the floor is required and may be awkward.

The nominating committee is also subject to abuse. The committee is likely appointed by the board, which might nominate the board's preferred candidates and avoid nominations of those with opposing views. A "good old boys" club can easily evolve.

After having all of the typical problems following gaining control from the developer, our association adopted the above recommendations. They have worked well.


Don Nordeen
Governance of Property Owners Associations
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Forums > Homeowner Association > HOA Discussions > Nominating Committee



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