Transition for Newly Elected Boards

Our property owner's association has just elected a new board of directors, and the directors are to elect the officers (president, vp, secretary, treasurer). When the new board members went to set up a time and place for their first meeting, the outgoing president, who is not on the new board, told them he would call the meeting and tell them when and where it would be. His agenda shows he intends to conduct the election of the officers for the new board. Is any of this correct? What is proper procedure for transition between outgoing and incoming boards?

The answers will depend primarily on the procedures laid out in your organization's bylaws.  To the extent that the bylaws state how the transition and election should take place, those procedures must be followed.  It may well be that your organization has a tradition where the outgoing president calls the new board to meet and conduct the election.  If so, this tradition should not be contrary to the bylaws.

Shifting Votes to Another Candidate

Q: If a member runs for election to the Association Board, then removes her name from consideration, can he/she request that her accumulated mail-in votes be given to another candidate who is running?


The simple answer is no. Unless there are special bylaws provisions for allowing a candidate to control the application of the votes cash for him, the votes are only good for this one election. The will of the voter was to cast the vote for the person only.

Let us assume that in the three way race, no candidate receives a majority. A second ballot would be required. Before issuing the second ballot, a candidate can encourage those who voted for him on the first ballot to vote for a specific candidate on the second ballot. The voters would still be free to cast their votes as their wish, the desire of the candidates not withstanding.

Secretary Casting the Ballot

Q: I have been to a number of annual meetings for various nonprofit organizations. In many cases the Secretary presents the slate of officers and then says something like "and the Secretary casts one for the ballot." I would very much like to know more about why this is done and what it actually means.


This is usually an unofficial and unauthorized procedure that some assemblies customarily use without being aware that it is not allowed. It is often used when only one name has been presented for an office and there is a desire to avoid the lengthy process of balloting. Sometimes the expression is used as follows: "There being no other nominations, the secretary will cast one ballot for the nominating committee's slate" or "I move that nominations be closed and the secretary cast the ballot."

One must remember, however, that even on a ballot with one nominee and even though nominations have been closed, the individual voter may still write in another name. The voter has the right to oppose any choice or nominee, and the only way a voter can cast a vote against a single nominee is to write in an alternative.

According to Robert's Rules of Order Newly Revised: "When the bylaws require a vote to be taken by ballot, this requirement cannot be suspended, even by a unanimous vote. Thus, it it out of order in such a case to move that one person -- the secretary, for example -- cast the ballot of the assembly" (pages 398-399).

Bylaws, however, can be written with almost any special provision. For example, the association bylaws can be written to specify that a ballot election may be by voice vote if there is only one nominee. Unless the association bylaws specifically allow the secretary to cast the vote on a ballot election with only one nominee, the custom you have identified is out of order.

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.