Nominating Committees

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.
by M. Humphrey