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Subject: Write-ins and or floor nominations
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Author Messages
VictoriaA
(Arizona)

Posts:2


05/21/2010 8:26 AM  
In a recent HOA newsletter it was stated candidates were to be in good standing, no current violations and assessments that were not up to date. Also it stated that a state law in Arizona precluded nominations from the floor or write-ins. They are trying to keep a very pro-active member from our community off the board. Is this indeed a state law?
MaryA1


Posts:0


05/21/2010 9:29 AM  
Victoria,

Yes, it is state law. See below. This is the planned community statute; the condo statute which reads the same is 33-1250.

Although the statute does not specifically say no write-ins or nominations from the floor, it does state that ". . .the absentee ballot shall set forth each proposed action". That statement alone precludes write-ins and nominations from the floor.

Also note that this statute prohibits the use of proxys and votes can only be cast in person or by absentee (mail-in) ballot.

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33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

B. Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, "period of declarant control" means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.
RichardP13


Posts:0


05/21/2010 9:41 AM  
Victor,

If the individual is pro-active within the community, how did they not get on the ballot?
VictoriaA
(Arizona)

Posts:2


05/21/2010 10:42 AM  
The board is in "good ole boy" mode and she calls it as she sees it. They try to find anything to violate her with.
GlenL
(Ohio)

Posts:5491


05/21/2010 1:53 PM  
Posted By VictoriaA on 05/21/2010 10:42 AM
The board is in "good ole boy" mode and she calls it as she sees it. They try to find anything to violate her with.



Now following the law is "good ole boy" mode.

Studies show that 5 out of 4 people have problems with fractions
MaryA1


Posts:0


05/21/2010 4:22 PM  
Victoria,

I'm certainly not taking sides here, but it is amazing how many people complain when they don't know the laws or even what their gov docs say. You couldn't believe the BODs statement that write-ins and floor nominations are not allowed per statute, but I gave you info to uphold the BOD. Are these gal's complaints about the "good ole boy" BOD legit? Can you give us an example? Also, can you post the election requirements? What do the bylaws say about a nominating committee?
DonN
(Michigan)

Posts:357


05/22/2010 7:17 AM  
VictoriaA

Please read the posts on Nominating Committee. I recommend amending the bylaws to prevent the abuse you describe. My comments on this post describe open nominations.

If the board refuses to provide the members the opportunity to vote on a proposed amendment for open nominations, etc., collect the necessary signatures on a petition to call a special members' meeting for the purpose of voting on specific proposed amendment to the bylaws.

Don Nordeen
Governance of Property Owners Associations
BrianB
(California)

Posts:2820


05/23/2010 9:25 AM  
it is indeed a state law. it's what kept my former HOA from having an annual election meeting for 5 years. We could not get anyone to volunteer to run, and thus, could not print a ballot with any names to vote for/against.

Arizona does not allow changes to voting issues at the meetings.
MaryA1


Posts:0


05/23/2010 1:47 PM  
Brian,

AZ law requires all issues to be voted on at the annual meeting to be stated on the absentee ballot. If that is what you mean by your statement: "Arizona does not allow changes to voting issues at the meetings.", then you are correct.
BrianB
(California)

Posts:2820


05/23/2010 5:02 PM  
yup, that's what i meant. we weren't allowed to take nominations from the floor at the meeting.
MaryA1


Posts:0


05/24/2010 7:01 AM  
Brian,

I was not particularly enamored with all of the provisions of that bill when it was introduced. My thought was that it would pose problems for many assns that rely on nominations from the floor to obtain candidates. I know that was the case in my former assn. Although there would still have been a board in place because there were staggered terms, it would have been difficult to obtain candidates to fill expiring terms. I don't recall there being that objection to the bill but I believe it was because it is not explicitly mentioned in the statute that nominations from the floor are prohibited.
BrianB
(California)

Posts:2820


05/24/2010 5:49 PM  
pros/cons: made my life easy as the Prez: every year, i would send a letter to all members, asking for names of anyone interested in being on the ballot/nominations for elections. every year, no one would return a single name. without any names, i couldn't send out an absentee ballot, and without the ballot, i can't have a meeting, so... president forever. I just watched my other board members (all but one) resign and drop out.

downside, of course, is that apathy left the entire HOA in the hands of one and a half persons. Had i been a different type person, that would have been a recipe for disaster for the HOA. with basically no board, I was a quorum, all by myself. I made all the decisions, paid out all the monies, took care of all the income, etc.. probably broke a dozen rules or more, but did what i felt i could justify to a jury.
MaryA1


Posts:0


05/25/2010 7:14 AM  
Brian,

I'm sure this happens in many assn's -- especially the smaller ones. I'm sure there are always good intentions when passing legislation, but, one size does not fit all. Absentee ballots seem to work well but I don't know that we need all the reqirements attached, i.e. "the absentee ballot shall set forth each proposed action". This not only prevents nominations from the floor but it also prevents the members present from taking any other actions. I know some assn's do have a large number of members present at the annual meeting (my former assn for one).

So, moving to CA was the only way you could resign from the BOD? Have you ever wondered what's become of the HOA since you moved away?
BrianB
(California)

Posts:2820


05/25/2010 7:32 AM  
at the risk of further hijacking a thread, i follow the advice i gave in another thread:

I sold, and once i did, i owned no stake in the future of the HOA. So nope, i never wonder how it's doing, or who they found to be president, or how they elected that person, etc.. It's not my business anymore.

I am lucky to be able to compartmentalize like that, and i take advantage of it. (i am also that nasty kind of person to whom you can place a paper bag on the kitchen table, and say "don't look inside the bag, that's for your birthday next month", and I won't bother looking, ever.)

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