Nominating Committee vs Board of Directors SC, HOA

[Guest Joe Basile]

We are a community of 231 single family homes in South Carolina, our By-Laws and Covenants provide us with base information on our annual election, basically they state that Quorum is 51% of all eligible voting members, they also state that if quorum is not met , amajority of the Voting Member Present may adjourn the meeting to a time not more than 30 days from the original meeting. At the reconvened meeting, if quorum is present ,any business that may have been transacted at the originally scheduled meeting may take place.. THE REQUIRED QUORUM AT THE RECONVENED MEETING SHALL BE ONE-HALF OF THE REQUIRED QUORUM AT THE PRECEDING MEETING.

With that backround I ask IF QUORUM is not met at the resceduled meeting, do we reschedule again?? with another required Quorum again dropping to One-Half?? Do we again mail out new ballots and Proxies to all members?? Do we forego the annual election let the expiring term or terms expire and the remaining Board which will still be at MAJORITY, fill the vacating position or positions by APPOINTMENT of the seated Board which is also covered in our By- laws that any position created by Death, resignation, removal may be filled by appointment of the Board... So I respectfully ask since Robert's Rules is our Parliamentary source for any Item not specifically covered in our Covenants and By-Laws what is the proper and legal thing for us to do.??

And as a member of the Nominating Committee I also need to ask once we make our decision as to the notification of applicants to our Homeowners/Voting Members, our readings of the By-Laws, Covenants,Robert's Rules, the mailing of the Ballots, Proxies and the date time and place of the election/annual meeting is our decision final or do we have to answer to and get approval of our actions from the Board of Directors

Thank You

Joe B

[JohnR]

With that backround I ask IF QUORUM is not met at the resceduled meeting, do we reschedule again?? with another required Quorum again dropping to One-Half?? Do we again mail out new ballots and Proxies to all members??

Can't really say. What you posted only addresses the first two meetings.

Do we forego the annual election let the expiring term or terms expire and the remaining Board which will still be at MAJORITY, fill the vacating position or positions by APPOINTMENT of the seated Board which is also covered in our By- laws that any position created by Death, resignation, removal may be filled by appointment of the Board.

The terms only expire if they are fixed in your bylaws. If the bylaws say "…and/or until a successor is elected," then your current officers remain in office until the election is completed or they resign. If the offices become vacant because of expiration, you do not appear to have the power to appoint replacements because the vacancy was not created by "Death, resignation, removal."

And as a member of the Nominating Committee I also need to ask once we make our decision as to the notification of applicants to our Homeowners/Voting Members, our readings of the By-Laws, Covenants,Robert's Rules, the mailing of the Ballots, Proxies and the date time and place of the election/annual meeting is our decision final or do we have to answer to and get approval of our actions from the Board of Directors

Your committee has only the powers given it by the bylaws or motion of the members or Board of Directors.

[Gary c Tesser]

John, what about what RONR says a nominations committee does?

[JohnR]

Well of course, such a committee normally finds candidates and reports its recommendations, as RONR advises. But the association has no such committee until it establishes one and its powers are whatever the association may prescribe. That's the nuculus of it.

[Gary c Tesser]

(What's the Internet icon for grinding teeth?)

[JohnR]

>:-E

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