BWatson Posted May 12, 2012 at 12:41 AM Report Share Posted May 12, 2012 at 12:41 AM I am an owner at a large condo association that was established in 1986.Our governing documents say we have to go by RONR. We are changing our Declaration and Bylaws to abide by UCIOA.The President says that she is able to appoint a nomintating committee. Is she correct? Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 12, 2012 at 12:56 AM Report Share Posted May 12, 2012 at 12:56 AM RONR doesn't bestow that authority and I have no clue about what "UCIOA" says on the subject. However, check the governing documents to see what they say. Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 12, 2012 at 01:15 AM Report Share Posted May 12, 2012 at 01:15 AM The President says that she is able to appoint a nomintating committee. Is she correct?She very may well be, but not because of anything in RONR. Ask her to show you where it is written that she has that authority. And you might check your bylaws, and your state's UCIOA for yourself to be sure. Link to comment Share on other sites More sharing options...
BWatson Posted May 12, 2012 at 01:23 AM Author Report Share Posted May 12, 2012 at 01:23 AM Sorry, the UCIOA is the Uniform Common Interest Ownership Act. I have looked over our governing documents. I have not been able to find anywhere that says she can.I found this in RONR.RONR (11th ed.), p. 433, ll. 10-21Designation of the Nominating Committee. The Nominating committee should be elected by the organization wherever possible, or else by its executive board. Although in organizing a new society it may be feasible for the chair to appoint the nominating committee, in an organized society the president should not appoint this committee or be a member of it-ex officio or otherwise. The bylaws may provide that "the President shall appoint all committees except the Nominating Committee ..." and that "the President shall be ex officio a member of all committees except the Nominating Committee ..."; the exception should not be omitted in either case.So am I safe to say that she should not be able to appoint? Link to comment Share on other sites More sharing options...
BWatson Posted May 12, 2012 at 01:25 AM Author Report Share Posted May 12, 2012 at 01:25 AM Thank you David & Chris. Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 12, 2012 at 01:54 AM Report Share Posted May 12, 2012 at 01:54 AM So am I safe to say that she should not be able to appoint?I think your safe to say that she should not be able to, but that doesn't mean she does not have that authority. You should also take a look at p. 448 for a description of the office of President and the duties as prescribed by RONR. Additionally, take a look at page 456 at line 22 forward, with a focus on line 34 and onward, where it says more than once that the President has duties (beyond those of presiding at meetings) only insofar as the bylaws define them. Of course, higher rules (such as the UCIOA) may have higher authority. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 19, 2012 at 01:37 AM Report Share Posted May 19, 2012 at 01:37 AM I am an owner at a large condo association that was established in 1986.Our governing documents say we have to go by RONR. We are changing our Declaration and Bylaws to abide by UCIOA.The President says that she is able to appoint a nomintating committee. Is she correct?Your bylaws may vary, but as you've noticed, RONR essentially suggests that the President should have as little to do with the Nominating Committee as possible. Link to comment Share on other sites More sharing options...
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