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Subject: Change of directors
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Author Messages
NormaB3
(Florida)

Posts:25


11/04/2021 6:15 AM  
We are a Florida HOA and have election of officers and directors coming up in December. There are two positions to be filled. President and Secretary.
Nominations are in November. If there is only one candidate nominated for each office and no additional candidates nominated from the floor, what do your HOAs do. In the past, we did not go forward with an election. The two candidates were automatically elected. Also, at our December meeting they took office immediately. I am interested on what other HOAs do under these circumstances. Thank you

NormaB3
CathyA3
(Ohio)

Posts:2588


11/04/2021 7:45 AM  
If you have a two board positions up for election and have two candidates (ie, an uncontested election), then your bylaws or state law may decide how this is handled. In my state we typically appoint by acclaim without going through the actual vote. The officer positions are decided by the new board after the annual meeting takes place - these often depend on the skills and interests of the directors. Just because the former board president's term is up doesn't mean that one of the new people automatically becomes the president.

Note: people do not run for officer positions, they run for a position on the board. Board members (directors) are the decision makers, while officer positions should be viewed as job descriptions. Many bylaws require officers to be board members, but this isn't consistent - it's possible to have directors who are not officers and officers who are not directors. It depends what your bylaws and/or state law have to say about it. (Many people don't understand this, including - unfortunately - a number of experienced board members.)
JohnC46
(South Carolina)

Posts:11659


11/04/2021 8:33 AM  
Posted By CathyA3 on 11/04/2021 7:45 AM
If you have a two board positions up for election and have two candidates (ie, an uncontested election), then your bylaws or state law may decide how this is handled. In my state we typically appoint by acclaim without going through the actual vote. The officer positions are decided by the new board after the annual meeting takes place - these often depend on the skills and interests of the directors. Just because the former board president's term is up doesn't mean that one of the new people automatically becomes the president.

Note: people do not run for officer positions, they run for a position on the board. Board members (directors) are the decision makers, while officer positions should be viewed as job descriptions. Many bylaws require officers to be board members, but this isn't consistent - it's possible to have directors who are not officers and officers who are not directors. It depends what your bylaws and/or state law have to say about it. (Many people don't understand this, including - unfortunately - a number of experienced board members.)



Sound advice.
KerryL1
(California)

Posts:8720


11/04/2021 9:37 AM  
Cathy is correct, Norm. Owners do not elect officers.
SheliaH
(Indiana)

Posts:4284


11/04/2021 11:32 AM  
First, I'd wait to ensure I had a quorum to hold the meeting. If your community is similar to mine, board elections are held as part of the annual meeting and unless there's a legal quorum, there's no meeting or election.

We can nominate candidates at the meeting or they can be written in on a proxy, but if there are no candidates to challenge the incumbents or run for an open spot, whoever has that spot right now will keep it until he/she resigns or is voted out. If someone's appointed by the board, they serve out that term, and then they can either run again or step down, and then it starts over.

Our board also elects officers from among themselves - you may want to double-check your documents on that. Personally, I wouldn't want someone to come in cold (that is, has never served on the HOA board before) and assume an officer's position, but that's just me. At least get through your first time as a board member (or halfway through it - some people learn faster than others).

So in your case, it would appear these candidates will get their spots automatically - read your documents again to see when the terms begin (in our case, it would be effective immediately) There's also something called voting by acclamation - if these are the only ones and no one's running against the incumbents, someone can make a motion to accept these candidates, people vote yea or nay and you move forward based on the result.
MichaelS56
(Minnesota)

Posts:300


11/05/2021 4:55 PM  
If there are only two nominations and two positions open, we do a voice vote at the Annual meeting.
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