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Subject: Does The HOA Board Elect...
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FredW5
(Florida)

Posts:140


03/28/2021 12:04 PM  
Hi Everyone.
Quick question: Our yearly HOA board election meeting is coming up in our Community of 85 Homes.
There are two openings on the board.(of 5)
There are 6 Candidates who want to join.
Does the present board choose who to elect to fill the open positions, or do the residents elect the candidates.

Thanks for your thoughts.
MelissaP1
(Alabama)

Posts:10126


03/28/2021 12:09 PM  
The general membership elect board members. The board members then elect their positions for officers. So it is a combo of both. Read your documents to confirm. Some require candidates to be in "good standing" in order to run.

Former HOA President
KerryL1
(California)

Posts:8015


03/28/2021 12:34 PM  
Hie Fred, are you on or running for the board ?

Melissa's right. Owners elect board members, i.e., directors. Your Bylaws should tell you a lot about this and maybe your Articles of Incorporation. Generally the new board then elects officers. Make sure you know the difference between officers and directors/board members when you review your documents.

In addition, FL has statutes about such matters, too, I believe.
JohnC46
(South Carolina)

Posts:10944


03/28/2021 1:49 PM  
Fred

Typically several things happen.

1. There must be a Quorum to conduct business, including BOD Elections. No Quorum, no election.
2. If no election and the 2 positions are presently filled, those in the positions stay on the BOD until the next election.
3. If no election and the two positions are presently vacant, the BOD alone can select and vote on who fills the two vacant BOD positions.
4. If an election for 2 positions, the two highest vote getters win.
5. If the amount of people running is the same as the open positions (say 2 for 2) then there is no need for an election. The 2 are automatically on the BOD.
6. Typically after the election the BOD will get together and from among themselves, they (and they alone) will elect their Officers. Thus all Bod Members are Directors but not all Directors are Officers.
6A. In most associations (according to their Bylaws), all BOD Members (Directors) must be members of the association ala an owner.
6B. In most associations (according to their Bylaws), all Officers must be a Member of the BOD must thus an owner. I have seen this vary where certain Officers do not need to be a member of the association ala not an owner.

Hope this helps.
FredW5
(Florida)

Posts:140


03/28/2021 4:32 PM  
Thanks, everyone for you reply.
We hope to have a quorum. This is being done via Zoom. Majority of residents signed up.ok
KerryL1
(California)

Posts:8015


03/28/2021 5:17 PM  
JohnC's list is helpful But for Fred and maybe others:

#1. Must be a quorum of Owners, i.e., "the membership." That #, usually sated as a % should be in your Bylaws, but maybe Articles of Incorporation.

#5. In CA, we'd still have to hold the election under a stupid new law. I don't know about FL.

6. In CA, the new board also selects officers but it must be at an open meeting. Don't know about FL.

6. B. In our HOA, only the prez must be a board members (director). Check individual Bylaws.
BenA2
(Texas)

Posts:872


03/28/2021 7:03 PM  
It's whatever your governing documents and state law dictate. Typically the owners elect board members but that is not necessarily true in all HOAs.
MichaelS56
(Minnesota)

Posts:180


03/29/2021 6:08 AM  
In our Association you have to an owner not just a resident.
MichaelS56
(Minnesota)

Posts:180


03/29/2021 6:08 AM  
In our Association you have to an owner not just a resident.
FredW5
(Florida)

Posts:140


03/29/2021 6:16 AM  
I Understand. As a former Board President I know only Residents in good standing can vote. The other problem is that our new management company did not send out notices of election annual meeting ,until a week prior to the election, and, did not send out Bios, or ballots of those who intend to run. They also changed the venue from In Person and on Zoom, to only Via Zoo, two days prior to the election tomorrow.. The present board comprised of 3 people alleges that they will stay as a 3 person board. So. Something is not right .
JohnC46
(South Carolina)

Posts:10944


03/29/2021 8:58 AM  
Fred

What size BOD do your Bylaws call for? Our say minimum of 3, maximum of 7 and the BOD determines which. We have operated with a few as 3 when people resigned, moved, etc.
FredW5
(Florida)

Posts:140


03/29/2021 9:19 AM  
For the past year its been 3 BOD members. Always was 5 members, however, one passed, and the other moved, leaving three. (BTW, two out of the three are snowbirds, and not around for 6 months) The By LAws State "Not Less Than Three, Not More Than Eleven.."
MarshallT
(New York)

Posts:151


03/30/2021 5:45 AM  
As others will tell you, check your documents first. Members elect the candidates to represent them on the board, and it's common for board members to decide who fills which position. Your documents make have specific rules about how elections work.
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