HOA Annual Elections

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Latest post 10-30-2011 8:21 PM by adjuster jack. 1 replies.
  • 10-30-2011 7:47 PM

    • ronnorw
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    • Joined on 10-30-2011
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    HOA Annual Elections

    > In a few weeks we will have the HOA Annual Meeting. Among other items on the agenda voting and counting of the ballots will occur. There are five vacancies on the Board of Directors that will be filled. As stated in the CC&Rs "The Nominating Committee shall make as many nominations for the elections to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled." There was an arbitrary date of September 30th posted for the dead line to receive a biography from perspective candidates. This date allowed ample time to get the ballots printed. On September 30th there were only four candidates because one of the incumbents is moving and withdrew his name. Shortly after October 1st two residents turned in their bios and the incumbent changed his mind and wanted to run for the election. On Saturday October 22nd the Nominating Committee had their first meeting. After five hours of deliberating the seven candidates the committee decided, in all fairness, that they would nominate only the four incumbents, their names were in before September 30th, even though it does not meet the requirements of the CC&Rs and securing their seats on the board. All other candidates will be voted on from the floor at the Annul Meeting. The ballots went to print last Friday.
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    > The Nominating Committee and the four incumbents want to risk the election because they don't think anyone will challenge decission. If the election were held with only four candidates knowing it doesn't meet the requirments we could be subject to litigation. I am president of the board with 8 other members. The five incumbents out vote my decission to add more candidates. What can I do? Is the HOA at risk? Should I let the chips fall where they may?
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  • 10-30-2011 8:21 PM In reply to

    Re: HOA Annual Elections

    ronnorw:
    I am president of the board

    Then go back to the CC&Rs and/or bylaws and see if the President has the power to overrule the nominating committee.

    ronnorw:
    Is the HOA at risk?

    No way to tell.

    You'd be in the best position to determine whether the 4 incumbents have done right by the homeowners in the past. If they have you might let things slide. If they haven't you have the option of taking appropriate action.

    ronnorw:
    Should I let the chips fall where they may?

    Up to you.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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