change of election four months after nominations in may

[Guest marion w manion]

Our HOA has elections in June.  I appointed a nominating committee which proposed 6 individuals. to include 2 former volunteers. to become officers in the HOA.  The nominations were presented without qualifying that only 4 were to be elected.. Nominations were accepted without a NAY vote.   Subsequently.  lm june additional nominations were requested and none received.  The ballot was printed bu since there were no additions  they were elected by unanimous acclamation.  At the next meeting in September. the new president called on the chair of the nominating committee to state that they had only considered 4 for for office and the other two would remain volunteers.  What mat have been discussed is not reflected in any of the minutes.  I do not believe he can deny the other two from serving on the board   I would like a ruling or opinion on this matter

[Edgar Guest]

If you elected six persons it doesn't matter if only four were nominated. You can be elected without being nominated.

 

I'm assuming, of course, that there were six open positions.

[Guest marion w manion]

I am concerned that the president has no authority to go back 4 months and declare that the additional two persons are not elected. I was aware that they did not have to be nominated. I just want to keep them in dice.

[Richard Brown]

The only way that the president can "undo" the election of the two people at issue is for him to rule on a point of order that persons ineligible to serve were elected or that the election of those two constituted some kind of "continuing breach" as defined in RONR or the general parliamentary law.

 

If the president makes such a ruling, that ruling can be appealed to the assembly.  The assembly can either sustain or reverse the decision of the chair by a majority vote.  A tie vote sustains the decision of the chair.

 

I'm also of the opinion that the answer to this might be found in your bylaws.  Read the provisions on your officers, board (if you have one) and on nominations and elections carefully.

[Edgar Guest]

I am concerned that the president has no authority to go back 4 months and declare that the additional two persons are not elected.

 

It's very doubtful he has such authority. What he could do is raise a point of order if he thinks the rules have been violated and if the violation is so severe as to constitute what's called a "continuing breach". If it's not, it's too late to complain about it.

 

Edited to add: Some may say that the president should not be raising points of order so he could have another member do it instead.