Shapiro Gettinger Waldinger & Monteleone, LLP
Call now to begin a consultation
914-595-1468
  • Facebook
  • Twitter
  • Linked In
  • Google Plus

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Do you have to put an owner on the ballot just because they ask? Isn't it up to them to ask people to write in nomination?

You need to review your homeowners association by-laws to determine if they include a provision prescribing the process to be followed for the nomination of candidates for election to the board of directors. If so, the board would need to follow the nomination process provided for in the by-laws. If there is no nomination process provided for in the by-laws, then the board may determine the nomination process. Such process may require candidates to (i) simply "throw their hats into the ring" whereupon they will be placed on the ballot, (ii) be nominated by one or more other unit owners before the annual meeting and/or from the floor of the annual meeting, (iii) submit a resume to be distributed to the homeowners prior to the annual meeting, (iv) attend a "candidate's night" to address the homeowners, or (v) address the homeowners at the annual meeting. If the Board has not established a nomination process, then I would think that any owner, who requests to be placed on the ballot, should be placed on the ballot. In the homeowners association setting, I would think that a board should encourage homeowners to get involved in the process and should make it as easy as possible for them to do so. Under all circumstances, the candidate must be eligible under the qualifications for directors to serve on the board provided for in the by-laws.

No Comments

Leave a comment
Comment Information