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Sitting Board Member thinking of running for different position in election


Guest Peggy

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Half the board is elected in even-numbered years, half in odd-numbered years.

 

the bylaws contain the clause that "no one person shall be candidate for more than one position."

 

This year's (even-number year) positions for election include President and vp and 3 directors.

One of the odd-number-year directors is thinking of wanting to run for either Pres or VP.

 

If he runs for Pres (for example) and IS already a Director he is then a "candidate" for two positions.

 

Doesn't this mean he should resign his director position to run for a different position?

 

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If he runs for Pres (for example) and IS already a Director he is then a "candidate" for two positions.

 

I don't follow this logic.

 

Doesn't this mean he should resign his director position to run for a different position?

 

It will ultimately be up to your organization to interpret its own bylaws (see RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation), but no, I don't think so.

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Half the board is elected in even-numbered years, half in odd-numbered years.

 

the bylaws contain the clause that "no one person shall be candidate for more than one position."

 

This year's (even-number year) positions for election include President and vp and 3 directors.

One of the odd-number-year directors is thinking of wanting to run for either Pres or VP.

 

If he runs for Pres (for example) and IS already a Director he is then a "candidate" for two positions.

 

Doesn't this mean he should resign his director position to run for a different position?

If he runs for president he is a candidate for president.  By my count that's one position.

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  • 2 months later...

I am a director and officer on the board of directors of a California HOA.  We have elections every year for part of the board.  Two of the board members , including

myself, had just one year left on our terms of office.  We had 5 open seat on our board.  Our seats are multi year.  When the process was complete for the nominations it was 12 members running for 5 seats on the board.

 

I went out for campaigning to get proxies,  I got the most proxies and got to vote 105 times at this election.  Some members stated in was unlawful for me and the

other member of the old board to run in the new election.  There was noting in the by-law about this issue.  The inspector of the election said we had the right to

run for a new board seat.  We have secret voting.  Four members hired the same attorney and informed the HOA that it was going to sue and asked for ADR.

I want the mediator to from within the county.  The other side whats the mediator to be coming in from the next county.  It looks like this issue is going to court,  These four members our questioning the form of the proxies now that I used and wanted to see the proxies with the names of who gave me the proxy.  I have read Chanties v. Lake Forest II Master Homeowners Assn. (1995) 37 Cal.App.4th 914 at 926 with the trial court resolution of "not disclosing the names of the voters".  I was the vote in all the votes.  Next they want to know how I cast all 105 votes.  I remember, but I refuse to tell anyone not even the HOA lawyer.  My voting is

secret.  Now the HOA  will be sued and it will cost a lot of money.  I was asked to be "helpful" and give up my right to a secret ballot.  I say no.  My voting is secret.

 

Am I doing something wrong here in keeping how I vote secret?

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If the person that is on the board of directors wins a different seat in an election, who fills the now vacant seat in the board of directors?  No one was nominated for that position.  Is it appointed by the president?

 

Unless the By-laws state otherwise, the same person can hold more than one office at the same time.  Thus there is not necessarily a vacancy.  However, if the person subsequently resigns one position, then the By-law regarding the filling of vacancies on the Board would take effect.

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I am a director and officer on the board of directors of a California HOA.  We have elections every year for part of the board.  Two of the board members , including

myself, had just one year left on our terms of office.  We had 5 open seat on our board.  Our seats are multi year.  When the process was complete for the nominations it was 12 members running for 5 seats on the board.

 

I went out for campaigning to get proxies,  I got the most proxies and got to vote 105 times at this election.  Some members stated in was unlawful for me and the

other member of the old board to run in the new election.  There was noting in the by-law about this issue.  The inspector of the election said we had the right to

run for a new board seat.  We have secret voting.  Four members hired the same attorney and informed the HOA that it was going to sue and asked for ADR.

I want the mediator to from within the county.  The other side whats the mediator to be coming in from the next county.  It looks like this issue is going to court,  These four members our questioning the form of the proxies now that I used and wanted to see the proxies with the names of who gave me the proxy.  I have read Chanties v. Lake Forest II Master Homeowners Assn. (1995) 37 Cal.App.4th 914 at 926 with the trial court resolution of "not disclosing the names of the voters".  I was the vote in all the votes.  Next they want to know how I cast all 105 votes.  I remember, but I refuse to tell anyone not even the HOA lawyer.  My voting is

secret.  Now the HOA  will be sued and it will cost a lot of money.  I was asked to be "helpful" and give up my right to a secret ballot.  I say no.  My voting is secret.

 

Am I doing something wrong here in keeping how I vote secret?

 

There is nothing wrong with keeping your vote secret.  However, if you are running for office and are a member of the organization, it seems obvious to most people how you likely voted.  Also, most of this goes beyond RONR, and you need legal advise and not advise on parliamentary procedure.  And it would help if you start an unrelated question as a separate post.

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I am a director and officer on the board of directors of a California HOA.  We have elections every year for part of the board.  Two of the board members , including

myself, had just one year left on our terms of office.  We had 5 open seat on our board.  Our seats are multi year.  When the process was complete for the nominations it was 12 members running for 5 seats on the board.

 

I went out for campaigning to get proxies,  I got the most proxies and got to vote 105 times at this election.  Some members stated in was unlawful for me and the

other member of the old board to run in the new election.  There was noting in the by-law about this issue.  The inspector of the election said we had the right to

run for a new board seat.  We have secret voting.  Four members hired the same attorney and informed the HOA that it was going to sue and asked for ADR.

I want the mediator to from within the county.  The other side whats the mediator to be coming in from the next county.  It looks like this issue is going to court,  These four members our questioning the form of the proxies now that I used and wanted to see the proxies with the names of who gave me the proxy.  I have read Chanties v. Lake Forest II Master Homeowners Assn. (1995) 37 Cal.App.4th 914 at 926 with the trial court resolution of "not disclosing the names of the voters".  I was the vote in all the votes.  Next they want to know how I cast all 105 votes.  I remember, but I refuse to tell anyone not even the HOA lawyer.  My voting is

secret.  Now the HOA  will be sued and it will cost a lot of money.  I was asked to be "helpful" and give up my right to a secret ballot.  I say no.  My voting is secret.

 

Am I doing something wrong here in keeping how I vote secret?

 

No rule in RONR would compel you to reveal how you cast your votes under any circumstances, but if this issue is going to trial, this is well beyond the scope of RONR and this forum. You really need to consult an attorney to see what applicable law provides on these issues.

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There is nothing wrong with keeping your vote secret. However, if you are running for office and are a member of the organization, it seems obvious to most people how you likely voted. Also, most of this goes beyond RONR, and you need legal advise and not advise on parliamentary procedure. And it would help if you start an unrelated question as a separate post.

Nicely said. Guest_Josh needn't have bothered.

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