Lauriemcg Posted December 31, 2014 at 02:40 PM Report Share Posted December 31, 2014 at 02:40 PM We are quickly approaching the annual membership meeting for our HOA. At that meeting election for openings on Board of Directors will be conducted. Our current bylaws state: "SECTION 2. Number, Tenure and Election Procedure. The number of Directors of the Residents Association shall be not less than four or more than seven. The term of office shall be for a two-year period. Notifications that nominations are being accepted shall be mailed to members of the Residents on or before the first Monday of January annually. Nominations shall be returned to the mailing address of record of the Residents Association postmarked no later than the second Friday of January. Voting for Board Members will take place at the Annual Meeting the 3rd Thursday in January." There is nothing in the bylaws that state nominations can be made from the floor at the time of the annual meeting. What I'd like to be more clear on is if it OK to accept nominations from the floor at the meeting, or does the fact that it isn't mentioned in our bylaws bind us to only receiving nominations mailed in accordance with Section 2. Thanks Laurie Link to comment Share on other sites More sharing options...
Edgar Guest Posted December 31, 2014 at 02:49 PM Report Share Posted December 31, 2014 at 02:49 PM Our current bylaws state: "Nominations shall be returned to the mailing address of record of the Residents Association postmarked no later than the second Friday of January." Bylaws can't be properly interpreted without reading them in their entirety, something that's beyond the scope of this forum. That said, in legalese "shall" means "must". Link to comment Share on other sites More sharing options...
Josh Martin Posted December 31, 2014 at 03:03 PM Report Share Posted December 31, 2014 at 03:03 PM There is nothing in the bylaws that state nominations can be made from the floor at the time of the annual meeting. What I'd like to be more clear on is if it OK to accept nominations from the floor at the meeting, or does the fact that it isn't mentioned in our bylaws bind us to only receiving nominations mailed in accordance with Section 2.If the bylaws provide that nominations shall be made by mail, nominations from the floor are not in order. In my opinion, however, such a rule is generally in the nature of a rule of order and may be suspended in order to permit nominations from the floor. This would require a 2/3 vote. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted January 1, 2015 at 03:22 AM Report Share Posted January 1, 2015 at 03:22 AM If the bylaws provide that nominations shall be made by mail, nominations from the floor are not in order. In my opinion, however, such a rule is generally in the nature of a rule of order and may be suspended in order to permit nominations from the floor. This would require a 2/3 vote. The requirement for mailing before the meeting wouldn't suggest maybe a question of the rights of absentees? And you're interpreting bylaws over the internet, and from a snippet, because it'll be your birthday some time this coming year so you're allowed? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 1, 2015 at 06:29 PM Report Share Posted January 1, 2015 at 06:29 PM The requirement for mailing before the meeting wouldn't suggest maybe a question of the rights of absentees?The absentees have a right to make nominations, but permitting additional nominations from the floor does not infringe on that right. Link to comment Share on other sites More sharing options...
Edgar Guest Posted January 1, 2015 at 06:32 PM Report Share Posted January 1, 2015 at 06:32 PM . . . permitting additional nominations from the floor does not infringe on that right. Though it can complicate things if, as is the case with many HOAs (if not this one), absentee voting and/or proxy voting is permitted. Link to comment Share on other sites More sharing options...
Lauriemcg Posted January 1, 2015 at 08:32 PM Author Report Share Posted January 1, 2015 at 08:32 PM The absentees have a right to make nominations, but permitting additional nominations from the floor does not infringe on that right. Help me out a bit... not sure I follow your meaning on this one, I am not sure where the absentees fit in here, and I admit to being new to many of these terms. The HOA can receive by mail nominations for the Board before the meeting. The meeting will be a meeting of members or proxies (yes, we allow proxies votes either directed with specific direction to vote a specific way on a specific question, or general to vote as proxy sees fit during the meeting on items brought to a vote.) Thanks Link to comment Share on other sites More sharing options...
Edgar Guest Posted January 1, 2015 at 08:45 PM Report Share Posted January 1, 2015 at 08:45 PM Help me out a bit . . . In organizations that permit absentee voting (and/or voting by proxy), it's not uncommon to require that nominations be made in advance (and not from the floor). That way all the voters (absent and present) will be voting on the same set of candidates. Whether this is true of your association remains to be seen. And whether, as Mr. Martin suggests, this rule can be suspended, is another question. Link to comment Share on other sites More sharing options...
Lauriemcg Posted January 1, 2015 at 11:58 PM Author Report Share Posted January 1, 2015 at 11:58 PM In organizations that permit absentee voting (and/or voting by proxy), it's not uncommon to require that nominations be made in advance (and not from the floor). That way all the voters (absent and present) will be voting on the same set of candidates. Whether this is true of your association remains to be seen. And whether, as Mr. Martin suggests, this rule can be suspended, is another question. Ah ha, yes that is helpful. Thanks Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.