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HOA Board Nominations and Election Question

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Junior Member
What is the name of your state (only U.S. law)? Arizona

The Bylaws of the HOA I am a Board member of state "Nomination for election to the Board of Directors shall be made by a Nominating Committee. A Nominating Committee shall take suggestions for nominations commencing sixty (60) days prior to the Annual Meeting and nominations may also be made from the floor at the annual meeting of the Members. 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. 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 the Members or non-Members."

Proxies have been outlawed since by state statute and effectively nominations from the floor.

Our HOA did not have a Nominating Committee and instead sent out an email to all the members asking them to submit their candidate statements which were due on a certain date. Those have been forwarded to the management company. Now a few days after the deadline one of our Board members emails the management company indicating that more candidate statements are forthcoming. My concern is what if one of the candidates finds out through loose lips that additional names were put on the ballot after the deadline given to unit owners to submit candidate statements and raises a stink or does the equivalent of a "public records request" and finds out that one Board member via an email submitted additional names after the deadline. What are the consequences? Will the election be invalid? So far no Board member has emailed the offending Board member or the management company about the Board member's plan to put additional names on the ballot.

The HOA Bylaws say no more about nominations other than the first paragraph of this post. They are so poorly written and give no time limit so could the Board member with late entries claim he/she has a right to nominate and submit candidates even after a deadline?

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