What You Should Know about Nominating Committees for HOA Board Positions
Does your HOA board need a nominating committee? Can you even create one and still comply with your state law and governing documents? In this week's tip, we answer your burning questions on nominating committees.
The role of a nominating committee isn't set in stone. "That's going to depend on the association," says Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina, Minn., who represents associations. "Typically committee members are going to propose a slate of candidates. But they're not going to propose individuals who have to be then approved by the membership before they can be considered for the position."
Whether you must or can have a nominating committee will depend on your state law and governing documents. "In Minnesota, we don't see a lot of governing documents that call for the creation of a nominating committee, but they do exist," says Drewes. "No action has been taken by the legislature to say that nominating committees are invalid, nor does any legislation require that they be used. It's generally going to be up to the governing documents."
Florida has separate rules for condo and homeowners associations. "For condos, nominating committees are no longer permitted," says Dennis J. Eisinger, a partner at Eisinger, Brown, Lewis & Frankel PA in Hollywood, Fla., who currently represents more than 500 condo and HOA associations. "It's a self nomination process. For HOAs, you can still have them, but you can't preclude nominations from the floor."
California's Davis-Stirling Act, which governs community associations, has eliminated the role of nominating committees by allowing candidates who qualify for board membership to throw their hat into the ring without consent from any committee. To learn the dos and don'ts of using a nominating committee for an HOA board election, see our new article. Go there now »
· HOA Board Elections: What's a Nominating Committee? Can You Use One? Should You?