Who can be nominated

[mjyamada]

What is the name of your state (only U.S. law)? Tennessee

Our neighborhood disagrees on the last sentence in this paragraph, which is in our by-laws regarding nominations:

Nominations for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or nonmembers.

Does this mean that members and nonmembers can be nominated and serve on the board, or does it mean that members and nonmembers can make nominations?

 

[Zigner]

What is the name of your state (only U.S. law)? Tennessee

Our neighborhood disagrees on the last sentence in this paragraph, which is in our by-laws regarding nominations:

Nominations for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or nonmembers.

Does this mean that members and nonmembers can be nominated and serve on the board, or does it mean that members and nonmembers can make nominations?

Since the clause clearly states WHO can make nominations, it's pretty clear that the clause goes on to explain who can be nominated.

 

[tranquility]

What is the name of your state (only U.S. law)? Tennessee

Our neighborhood disagrees on the last sentence in this paragraph, which is in our by-laws regarding nominations:

Nominations for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or nonmembers.

Does this mean that members and nonmembers can be nominated and serve on the board, or does it mean that members and nonmembers can make nominations?

Yes.

The nominating committee or the floor can make nominations. While other rules may make the "floor" consist of members, that does not mean those nominated must be a member because of the clause of those nominations may be made from among members or nonmembers. The only weird part is it seems the nominating committee does not have to be all members of the association. One member of the nominating committee can be a non-member of the association. (At least taking the above rules as complete.)