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Subject: elections
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Author Messages
AnnS12
(Wisconsin)

Posts:17


09/23/2020 12:46 PM  
Does anyone have election rules, other than those stated in the bylaws.
We have our annual meeting coming up and as usual we have no one coming forward to be on the board.
Every year people get nominated at the meeting and either accept or decline.
Therefore we have no names on our ballots or time to check on these persons qualifications.

Just wondering if this is the way it is for most HOA's or is it just us.
Then owners ask about their proxies and all we can say is you are giving the person who holds your proxy the right to vote for any candidates nominated at the meeting in your place.
this year we have 4 open positions due due a death and a resignation.

AnnaJ1
(Maryland)

Posts:16


09/23/2020 1:15 PM  
No, we don't have any special rules. And yes, we very rarely have people stepping up to do the work that the Board does.
JohnT38
(South Carolina)

Posts:391


09/23/2020 1:42 PM  
"Therefore we have no names on our ballots or time to check on these persons qualifications."

Are you saying that you actually do have people willing to run for an open seat but you don't put them up for election because you don't have time to check them out?
GeorgeS21
(Florida)

Posts:3279


09/23/2020 1:47 PM  
Ann,

Condo or townhouse or single family?

How many?

Professionally managed?

Are you on the Board?
JohnC46
(South Carolina)

Posts:10017


09/23/2020 3:16 PM  
As our Bylaws allow nominations from the floor, all we can really do is announce how many BOD vacancies will exist with the Annual Meeting notice.

Our MC runs our election during the Annual Meeting thus they are able to verify one's eligibility on the spot. It seems to me a Treasurer could do the verification as they should have a list of delinquent owners. Only once have we had to take a candidate aside and quietly tell them that due to unpaid dues they were not eligible to run. They politely withdrew.

Only once have we ever had enough candidates running for the open slots to have an election so we usually end up going begging for someone to be on the BOD. We have been known to "cook" this some by ahead of time asking individuals to announce if not enough candidates announce will you announce?. It is usually someone that says well I will get on the BOD if I can help you out but I am not going to run. You would be surprised how many people feel like this.
TimB4
(Virginia)

Posts:17008


09/23/2020 5:50 PM  
Ann,

You actually have qualifications to serve on the board?

GenoS
(Florida)

Posts:4133


09/23/2020 6:22 PM  
We have almost none. The Bylaws say homeowners may vote in person or by proxy and that's literally it. Should have been amended decades ago.
KerryL1
(California)

Posts:7582


09/24/2020 9:32 AM  
With Tim, I'm wondering too, Ann, what "qualifications" your HOA has for directors?
AnnS12
(Wisconsin)

Posts:17


09/24/2020 9:53 AM  
We are a condo HOA
Not professionally managed
56 units.
I am the Board Secretary and only one not up for election this year.
AnnS12
(Wisconsin)

Posts:17


09/24/2020 9:56 AM  
Not really qualifications, guess I worded that wrong.
We would like to know if they have any particular skills or interests.

If we do have someone come forward we ask them to address the meeting stating why they are interested in being on the board.

AnnS12
(Wisconsin)

Posts:17


09/24/2020 9:57 AM  
ot really qualifications, guess I worded that wrong.
We would like to know if they have any particular skills or interests.

If we do have someone come forward we ask them to address the meeting stating why they are interested in being on the board.
JohnC46
(South Carolina)

Posts:10017


09/24/2020 11:11 AM  
Posted By GenoS on 09/23/2020 6:22 PM
We have almost none. The Bylaws say homeowners may vote in person or by proxy and that's literally it. Should have been amended decades ago.



What is wrong with this?
GenoS
(Florida)

Posts:4133


09/24/2020 11:40 AM  
Posted By JohnC46 on 09/24/2020 11:11 AM
Posted By GenoS on 09/23/2020 6:22 PM
We have almost none. The Bylaws say homeowners may vote in person or by proxy and that's literally it. Should have been amended decades ago.



What is wrong with this?

Can't have mail-in ballots without language in the Bylaws. Can't have anonymous ballots without language in the Bylaws. Can't disallow nominations from the flooor without language in the Bylaws. Can't have electronic voting without language in the Bylaws (this is relatively new). Things left up to happenstance are Voting Certificates, sign-in sheets, arbitrary deadlines for a member to declare his or her intent to be a candidate in the election, no procedure for appointing a tally committee to count votes, no requirement to count the ballots in open view of the members, etc.

In a Florida condo there are detailed election procedures that must be followed. In an HOA, however, FS 720.306(9)(a), only says:

"Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association."

There's nothing right about what's in our Bylaws when it comes to electing Directors. There's nothing in our documents that even provides for how long a term is for someone elected to the board. We've been using 2-year terms for at least 15 years but you won't find that number in any of our governing documents.
JohnC46
(South Carolina)

Posts:10017


09/24/2020 12:52 PM  
Geno

I thought you were objecting to proxies. I love proxies.

Your association sounds ripe for a good set of Rules & Regulations concerning regulations.
GeorgeR8
(Arizona)

Posts:168


09/24/2020 3:41 PM  
Posted By GenoS on 09/24/2020 11:40 AM
Posted By JohnC46 on 09/24/2020 11:11 AM
Posted By GenoS on 09/23/2020 6:22 PM
We have almost none. The Bylaws say homeowners may vote in person or by proxy and that's literally it. Should have been amended decades ago.



What is wrong with this?

Can't have mail-in ballots without language in the Bylaws. Can't have anonymous ballots without language in the Bylaws. Can't disallow nominations from the flooor without language in the Bylaws. Can't have electronic voting without language in the Bylaws (this is relatively new). Things left up to happenstance are Voting Certificates, sign-in sheets, arbitrary deadlines for a member to declare his or her intent to be a candidate in the election, no procedure for appointing a tally committee to count votes, no requirement to count the ballots in open view of the members, etc.

In a Florida condo there are detailed election procedures that must be followed. In an HOA, however, FS 720.306(9)(a), only says:

"Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association."

There's nothing right about what's in our Bylaws when it comes to electing Directors. There's nothing in our documents that even provides for how long a term is for someone elected to the board. We've been using 2-year terms for at least 15 years but you won't find that number in any of our governing documents.




In my state the statutes cover many of these. We must allow mail in and electronic. Doesn't matter what the documents say.
GenoS
(Florida)

Posts:4133


09/24/2020 8:54 PM  
Posted By JohnC46 on 09/24/2020 12:52 PM
Geno

I thought you were objecting to proxies. I love proxies.

Your association sounds ripe for a good set of Rules & Regulations concerning regulations.

Yeah it's currently a free-for-all. We've been "lucky" in that there has only been one time in the last 8 years that there was an election with more candidates than empty seats to be filled. Most years it's a struggle to find people willing to be on the board.
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