Quick answers to questions on parliamentary procedure

Labels

Agenda (1) Boards (2) bylaws (2) Debate (2) Elections (4) Minutes (3) Officers (3) Presiding (1) Quorum (1) Voting (3)

Saturday, March 6, 2010

HOA Nominating Committee

Q. Can a member of the nominating committee be a member if they are being nominated for the position on the Board of Directors of a homeowners association?

In general, yes. I looked up your state laws regarding planning communities and could find no restriction on nominating committee procedure. If you wish to be absolutely sure, contact an attorney in your state familiar with HOAs. Also, review your HOA bylaws for any special restrictions or requirements for the nominating committee, as they must be followed. Your state laws do say the following: "Except as otherwise provided in the bylaws, meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised."

Robert's Rules of Order Newly Revised (page 419) states "Members of the nominating committee are not barred from becoming nominees for the office themselves. To make such a requirement would mean, first, that service on the nominating committee carried a penalty by depriving its members of one of their privileges; and second, that appointment or election to the nominating committee could be used to prevent a member from becoming a nominee."

It is not at all uncommon for members of a nominating committee to be put forward as nominees. Remember that a nominating committee is only making a recommendation. The voting body has the final say in the election. Make sure that there is an opportunity for nominations from the floor after the nominating committee gives its report. This is an important step to ensure that the will of the voting body is expressed in this most important of all decisions -- determining the officers and directors.

No comments:

Post a Comment

Followers