By-Laws and Elections/Nominations

[mfol]

Pennsylvania

Regarding nominations from the floor, how would you interpret the following by-law if there were 3 Board positions open and 4 people submitted nominating petitions:

"Nominations may be submitted from the floor at the meeting at which the election is held for each vacancy on the Executive Board for which no more than one (1) person has been nominated by petition."

This is what I think: If there are 3 seats open and 4 people are running, 2 of those seats only have 1 person running for it. Therefore, there could be 2 nominations from the floor.

The other interpretation would be that there can be no nominations from the floor because 4 people are running.

[HomeGuru]

Originally Posted by mfol

Pennsylvania

Regarding nominations from the floor, how would you interpret the following by-law if there were 3 Board positions open and 4 people submitted nominating petitions:

"Nominations may be submitted from the floor at the meeting at which the election is held for each vacancy on the Executive Board for which no more than one (1) person has been nominated by petition."

This is what I think: If there are 3 seats open and 4 people are running, 2 of those seats only have 1 person running for it. Therefore, there could be 2 nominations from the floor.

The other interpretation would be that there can be no nominations from the floor because 4 people are running.

**A: and what was the opinion from the HOA legal counsel?

[mfol]

There has been no legal opinion. The managing company and the Board of Directors have been evasive with any definitive answer. They are reluctant to expend funds on legal fees. It is my suspicion that they prefer no nominations from the floor as it might jeopardize the incumbents.
I know of another homeowner's association which has the exact same by-law regarding nominations from the floor, and a member of their Board told me that they do allow nominations from the floor.

[HomeGuru]

Originally Posted by mfol

There has been no legal opinion. The managing company and the Board of Directors have been evasive with any definitive answer. They are reluctant to expend funds on legal fees. It is my suspicion that they prefer no nominations from the floor as it might jeopardize the incumbents.
I know of another homeowner's association which has the exact same by-law regarding nominations from the floor, and a member of their Board told me that they do allow nominations from the floor.

**A: then demand a legal opinion.

[BlondiePB]

Originally Posted by mfol

There has been no legal opinion. The managing company and the Board of Directors have been evasive with any definitive answer. They are reluctant to expend funds on legal fees. It is my suspicion that they prefer no nominations from the floor as it might jeopardize the incumbents.
I know of another homeowner's association which has the exact same by-law regarding nominations from the floor, and a member of their Board told me that they do allow nominations from the floor.

File a complaint with the State.

[mfol]

Thank you for your responses.

"Demanding" a legal opinion will get me nowhere. Even when I politely ask questions, the response is negative or evasive. I will probably have to hire an attorney.

Could you tell me, please, how I would go about filing a complaint at the State level. Would this be with the attorney general? If not, where?

Thanks!

[BlondiePB]

Originally Posted by mfol

Thank you for your responses.

"Demanding" a legal opinion will get me nowhere. Even when I politely ask questions, the response is negative or evasive. I will probably have to hire an attorney.

Could you tell me, please, how I would go about filing a complaint at the State level. Would this be with the attorney general? If not, where?

Thanks!

Do a google search for your state's regulatory board (not attorney general). Send the BOD a CRR letter with your questions to the BOD. Your state statutes should tell you how many days the BOD must reply to your letter.

[HomeGuru]

Originally Posted by mfol

Thank you for your responses.

"Demanding" a legal opinion will get me nowhere. Even when I politely ask questions, the response is negative or evasive. I will probably have to hire an attorney.

Could you tell me, please, how I would go about filing a complaint at the State level. Would this be with the attorney general? If not, where?

Thanks!

**A: since this is a civil matter, you sould need to hire your own attorney. The state is not involved in private HOA matters of this nature.