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Nominating Committee


Guest J. Goodwin
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On 9/22/2021 at 6:21 PM, Guest J. Goodwin said:

If the HOA Board fails to form a nominating committee to present a slate of candidates, can the election be declared invalid and then be required to have a new election. 

No, I don't think so. It would seem to me the election can and must still be held. The assembly will just need to take nominations from the floor rather than having the benefit of recommendations from the nominating committee.

Alternately, I suppose the organization could postpone the election to an adjourned meeting or the next regular meeting (if within a quarterly interval), but this is a continuation of the same election, not a new election. Additionally, it in no way is declaring the election "invalid."

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On 9/22/2021 at 6:27 PM, Josh Martin said:

Alternately, I suppose the organization could postpone the election...

Reluctantly, I have to disagree with Mr. Martin about this.  I do not see the failure to form a nominating committee as a cause for the election to be "impossible or impractical".  RONR (12th ed.) 46:44.  The electing body should make every effort to complete the election at the session it is taken up.  In those cases where the assembly normally completes its order of business in one meeting, the upshot is that the assembly should strive to start and complete the election in that one meeting.  Only in the case of protracted rounds of unfruitful voting should the assembly consider an adjourned meeting, but this is always less desirable.

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On 9/22/2021 at 7:30 PM, Rob Elsman said:

Reluctantly, I have to disagree with Mr. Martin about this.  I do not see the failure to form a nominating committee as a cause for the election to be "impossible or impractical".  RONR (12th ed.) 46:44.  The electing body should make every effort to complete the election at the session it is taken up.  In those cases where the assembly normally completes its order of business in one meeting, the upshot is that the assembly should strive to start and complete the election in that one meeting.  Only in the case of protracted rounds of unfruitful voting should the assembly consider an adjourned meeting, but this is always less desirable.

I apologize if I was unclear. I merely said that the assembly could postpone the election. It is not my view that the assembly should do so. I am in agreement that "The electing body should make every effort to complete the election at the session it is taken up," even in the event that there is no report of the Nominating Committee.

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On 9/22/2021 at 8:30 PM, Rob Elsman said:

Reluctantly, I have to disagree with Mr. Martin about this.  I do not see the failure to form a nominating committee as a cause for the election to be "impossible or impractical".  RONR (12th ed.) 46:44.  The electing body should make every effort to complete the election at the session it is taken up.  In those cases where the assembly normally completes its order of business in one meeting, the upshot is that the assembly should strive to start and complete the election in that one meeting.  Only in the case of protracted rounds of unfruitful voting should the assembly consider an adjourned meeting, but this is always less desirable.

I think that "impractical" is in the eye of the beholder, or in this case, of the assembly.  It the assembly should desire to postpone the election, to the next session within the quarterly time interval, it may. 

I will agree that it might not be a good idea. 

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