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Board Agenda and Annual Election Tie

I have a couple of miscellaneous HOA questions:

1) Does an HOA Board President control a Board meeting agenda? If the agenda is disseminated to Board members a few days prior to the meeting for review and a Board member asks that a certain issue be placed on the agenda, must the President place that item on the agenda or can the President censor item he/she doesn’t wish to discuss? If the President doesn’t include that item on the agenda, can a Board member still raise the issue at a Board meeting, or can the President censor the Board member by saying it’s not on the agenda?

2) Suppose there are 6 candidates for 3 open positions on a Board and at the annual meting the property manager announces there is a tie for third place. How is the tie broken?

1 Response

  1. Dennis Legere

    Nick,

    Neither the planned community act nor the condominium act specifically addresses this issue. I have proposed legislation this year to make this clear in the applicable statutes. What is clear is that the open meeting laws for public bodies do in fact limit any and all discussion in open meeting to item specifically included and identified in the agenda for that meeting. While i’m not an attorney there is legal precedent that if a statute is silent on an issue one can go to similar statutes for guidance, even if the two statutes are directly cross referenced. See Attorney General opinion 97-012. I will say that there was never an legislative intent to make the very strict and restrictive open meeting laws for

    As for the president controlling the agenda, this is the typical process and power given to the board president. They mostly ask for any request from the other board members but are not required by any law or rule to include those suggested topics. Having said that i will say that ignoring he request of other board members is highly suspect and the board should consider calling for a vote to remove that board member from that office. He would still be on the board but no-longer the president. Remember it was the board that elected the officers not the members and the board can remove any board member from any office by a vote of the board.

    As for the election process your Bylaws should have guidance on that issue it is not and should not be addressed in law. If the bylaws are silent on that issue than the board has many options, they can run a run-off election between the two candidates for the last position. They also could if the bylaws allow, have both the candidates added to the board at least for one term. This would most likely cause the overall board population to be an even number which could cause issues in the future, with quorum and tied votes of the board.

    What cannot happen is anyone on the board deciding who is the elected board member, for any reason.

    Dennis

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