|
NOMINATING COMMITTEES A TOOL FOR DICTATORS?
By
Jan Bergemann
Published
November 29, 2013
Elections
for the board of directors are most likely the hottest topic in
community associations. It is just amazing how many power-hungry
dictators live in homeowners associations dictators who will
do anything to prevent fair elections.
Nominating committees have always been a favorite tool of
dictators to disallow other potential candidates volunteering to
run for office. Board members created nominating committees,
appointing their spouses and close friends to this committee.
The goal: Only to appoint candidates they want to serve on the
board.
In
former times these dictatorial board members used this excuse
when confronted by not nominated candidates: You
can always nominate yourself from the floor. This in
reality a stupid excuse since they knew that the election would
be long decided by mailed-in ballots before this nomination
could take place.
But
now it has gotten even worse. Since July 1, 2013 the HOA
election provision [FS 720.306(9)
see below] contains a sentence that even takes away
this small chance of having a real election:
if
the election process allows candidates to be nominated in
advance of the meeting, the association is not required to allow
nominations at the meeting.
I
just watched the video of a meeting where an attorney and a
CAM
explained to the members that no nominations from the floor are
allowed because of this new law. Guess what: The mail-in ballot
only contained the names of the five sitting board members; all
other candidates were not nominated! With other words: A
SLAM-DUNK ELECTION!
Its
amazing how power-hungry people can get. Some of these
dictatorial board members never had a parking ticket in their
life, but they think its totally ok to hold Banana
Republic-style elections.
(9) ELECTIONS
AND BOARD VACANCIES.
(a)
Elections of directors must be conducted in accordance with the
procedures set forth in the governing documents of the
association. All members of the association are eligible to
serve on the board of directors, and a member may nominate
himself or herself as a candidate for the board at a meeting
where the election is to be held; provided, however, that if
the election process allows candidates to be nominated in
advance of the meeting, the association is not required to allow
nominations at the meeting. An election is not required
unless more candidates are nominated than vacancies exist.
Except as otherwise provided in the governing documents, boards
of directors must be elected by a plurality of the votes cast by
eligible voters. Any challenge to the election process must be
commenced within 60 days after the election results are
announced.
|
