HoA Board Election restrictions
Our Hoa has BOD restrictions on who can run for election and here they are:
Section 5.1 Nominations of Directors.
a) From October 1 to December 1 of each year, any Member of the Association interested in
standing for election to the Board may submit to the Nominating Committee, at the general
office of the Association, a statement of interest and relevant experience completed by the
Member on a form provided by the Association or by electronic means. The Board shall
publish a reminder to Members of the dates for submitting names of candidates for election
to the Board in the official community communication in October of each year.
b) The Nominating Committee shall review the eligibility of the prospective candidates. The
Nominating Committee shall use its best efforts to identify prospective Board members
willing to stand for election, with the goal of presenting a slate of not less than two (2)
candidates for each position to be filled. A slate of nominees shall be presented and
announced prior to December 22 and shall be posted on the Association bulletin boards
and website. The Nominating Committee shall obtain certification as to the eligibility of
each nominee from the General Manager.
c) Any Member in good standing may become a nominee by filing with the chairperson of
the Nominating Committee prior to January 1:
i) A petition on a form provided by the Association signed by at least twenty-five (25)
Members in good standing (one signature per lot owned);
ii) A written certification of eligibility from the General Manager of the Association.
d) Upon the Member filing the foregoing petition and certification, the chairperson of the
Nominating Committee shall cause the Member’s name to be added to the slate of
nominees and posted prior to January 8.
Is this legal tp allow a commitee selected by the BOD and approved by the General Manager to only nomonate those allowed on the ballot?
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Bob,
Statutory law does not currently limit or restrict any provision that you described in this note. On the surface the process you described seems legitimate, but as with anything the validity of that process depends on how it is implemented. The current premise is flawed based on what constitutes eligibility or “good standing” Each community defines “good standing” differently and in many cases association boards or community managers thru selective enforcement of governing documents have weaponized subjective enforcement capability to eliminate eligibility of members to vote and to run for office. This is absolutely wrong and my top priority legislation for this coming year will be to establish statewide policy on the eligibility of any homeowner to vote or to run for office in their community. While the bill proposal is developed, and I have a sponsor for that legislation it is still a very long road that this legislation has to travel before it will be law for this state.
To your specific question the answer is yes, it is legal, but it is still wrong because of the subjective nature of what constituted “good standing” and the ability of the association to weaponize that process to suppress any opposition to them and any candidate that wants to change the direction of the community.
I will need the help of every member of this coalition and their friends and neighbors in their communities to help make this bill law.
Dennis
Thanks Dennis
Please let me know what I can do to help remedy this.
Bob
Bob,
The entire purpose of this coalition is to organize homeowners in this state to get engaged and push their legislators to enact legislation that will help protect their rights and make these communities better places to live. My top priority legislation this session will solve this problem, while I have a legislative sponsor, I and he alone are not enough to get this legislation enacted into law. That is where all of you come in. I and we need all of you to write or call your respective legislators and ask them to support any legislation that I put forward to protect the fundamental rights of all homeowners in these communities.
You have a right to vote on the issues that affect your communities, and you have a right to run for board positions without the screening or interference from sitting board members. You also have the right under the Arizona Constitution to vote by secret ballots to protect you from retaliation by board, community managers or other homeowners based on how you voted on any issue.
When I call for action to address any legislation please respond with that call for action as specified. Together we can make these communities better places to live and the balance the power in these communities between the associations board and members.
Dennis