Who will be the Nominees for the BOD?

Nominations for the upcoming Board of Directors election closed last Friday, October 4.

By now, the Nominating Committee should have met and reviewed the applications. There are three directors to be elected. The seats of Dennis Rybicki and Tanisha Holmes are up for re-election. The vacant seat* (Butler/Williams) on the board will be elected.

The Nominating Committee is Patricia Pollin, chair; Michael Bryant, James Glenn, Jeff Lummel, Carmen Claud, and Kristie O'Brian.

At the October 1st board meeting, Pollin announced that the Nominating Committee would meet on October 8. 

According to the PRM, the Nominating Committee distributes copies of applications to the Voting Members, but not to the current Directors on the Board.

She also announced that there would be a meeting on Saturday, Oct. 26, 9:00AM of the Nominating Committee and the Voting Members. At that meeting the applicants would be interviewed. Current Board members are not to attend the Oct. 26 meeting (PRM, Art. III, §H, ¶7).

Following the interviews, the Nominating Committee is to meet in a closed session to select the nominees for the election. (PRM, Art. III, §H, ¶9). The Nominating Committee is to nominate at least three, because three seats are open. They can nominate more than three.

Presumably the "Voting Members" will be notified who the nominees are. Will the Voting Members inform the homeowners in their respective neighborhoods and ask for feedback?

Will anyone want to run for election, even if the Nominating Committee doesn't choose him (or her)? How are Write-Ins handled?

The election is scheduled to be held during the Annual Meeting of Voting Members, which precedes the Annual Meeting of the HOA on November 12th at 6:30PM.**

The PRM reads that (Pollin) will preside at the election (PRM, Art. III, §H, ¶14)  and "will select several members of the audience to assist in the proceedings." What audience? The Annual Meeting of Voting Members has not been open to homeowners.

"The Election Secretary will call the roll of all Voting Members to determine whether a quorum of 51% of all Voting Members is present..." Presumably, this means "all legitimate Voting Members" (which it hasn't meant in previous years).

HOWEVER, elsewhere in the Governing Documents (By-Laws, Art. II, ¶12), it states that the President (of the HOA) will preside over the Annual Meeting of Voting Members and that the Secretary shall keep the Minutes. In past years, no Minutes have been kept, according to the on-site property manager earlier this year.

* The vacancy should have been announced by the HOA President in May and a homeowner should have been appointed to succeed Tommy Williams. Had there been a chair of the Nominating Committee, which there was supposed to be since November 10, 2023 (PRM, Art. III, §H, ¶1) but wasn't, the Committee should have been prepared to recommend a homeowner to succeed Williams. See the PRM, Art. III, §H, ¶2.

** The HOA will be unable to conduct a legitimate election of directors one month from now, because it appears there will not be a sufficient number of legitimate voting members to meet the requirement of a quorum.

Past boards and the current board have allowed homeowners to act as if they are "Voting Members", even though they have not been duly-elected in compliance with the By-Laws. They have been improperly allowed to vote for directors.

No one on the current board is a duly-elected director. The HOA does not have a (legitimate) board of directors, as required of South Carolina non-profit corporations. No business can be conducted. The existence of the HOA is at risk of take-over by the State or dissolution.

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