It is the strong position of ACE, along with the ACE-supported candidates and most homeowners who have served as Election Committee members during the past several years, that a member of the Association Board of Directors should NOT serve on the Election Committee, and certainly not serve as chairperson of that Committee.
Some background: Nevada Revised Statute 116, which governs the activities of common-interest communities, is silent on the subject of election committees. But NRS 116,31034, Sect. 4, does address the subject of nominating committees, as follows:
Not less than 30 days before preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of his eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
To understand the full meaning and implications of this NRS 116 section, we must then look to our Association By-Laws. Article III, Sect. A, Subsection 3.4 (a) reads (in part) as follows:
Nomination. – Prior to each election of directors, the Board shall prescribe the opening and closing date of a reasonable filing period in which all eligible persons who have an interest in serving as a director may file as a candidate for such positions. The Board shall establish such other rules and regulations as it deems appropriate to conduct the nomination of directors in a fair, efficient, and cost-effective manner.
Except with respect to directors appointed by the Declarant during the Declarant Control Period, nominations for election to the Board also shall be made by a nominating committee. The nominating committee shall consist of three or more Persons and a chairperson, who shall be a Board member. The remaining members of the nominating committee shall be Members.
The nominating committee may make as many nominations for election to the Board as it shall in its discretion determine. In making its nominations, the nominating committee shall use reasonable efforts to nominate candidates representing the diversity which exists within the pool of potential candidates.
Numerous experts have told me that the primary reason NRS 116 addresses the matter of nominating committees is to accommodate the needs of those homeowner associations, usually smaller ones, in which not enough candidates come forward to fill the available board seats as the result of an election. This provision allows boards to seek out and encourage candidates the boards believe will be good board members.
Based on the By-Laws language quoted above, Sun City Anthem could do this if we wanted to. We could establish a nominating committee to place candidates on the ballot. But since we have always had enough candidates running to fill our available Board seats, the Association has wisely refrained from nominating additional homeowners to run as candidates. After all, who would want to run with the possible stigma of being the favored candidate(s) of the Board? If there were already enough candidates who self-filed to run, then such an act by the Board could easily be viewed as an attempt by entrenched Board members to retain control of the Board.
Though I’ve heard some say that our Election Committee is really an Election/Nominating Committee, I have never seen it referred to as such, nor has it ever performed the described duties of a nominating committee. Rather, our Election Committee has performed the proper function of managing the election process in its many aspects, with no involvement in putting candidate names into nomination.
Might we need a nominating committee at some point in the future? Perhaps, but history so far has shown us that in a community as large as Sun City Anthem, we have never lacked more than enough candidates to have a competitive election.
So how do we address the fact that we need a group to manage our election process, and might one day need to make nominations, but not for the foreseeable future? What is the solution to this dilemma?
The solution is very simple: We continue with the current Election Committee and we establish a separate Nominating Committee in the event it might be eventually needed. We appoint a Board member as chair of the Nominating Committee, but we keep that Committee dormant until and unless it is needed, at which point we appoint other homeowners to fill out the Nominating Committee and charge that committee with nominating Board candidates. And we do this only if there are fewer candidates than there are seats to be filled.
With the issue of providing for a nominating committee cleared up, we can now address the matter of not having a Board member serve on the Election Committee in any capacity.
Here are the reasons why the Election Committee should have no Board members on it:
1. The election process doesn’t need Board participation and oversight because the Election Committee has no latitude in the way it operates. The Election Committee must comply with statute and our governing documents, including the Sun City Anthem Election Manual, in the conduct of its business.
2. Current procedure provides that the Election Committee Chairperson, who must be a Board member, can serve only a one-year term and may not serve during the 12-month period in which that Board member will be eligible to run for reelection. This leads to the type of situation we have had in the current election cycle, during which the Election Committee Chairperson, lacking experience with the process, violated several rules of procedure and allowed for a sloppy process due to her casual approach to the running of the election.
3. Because the Election Committee and its Chairperson must be above reproach at all times, prohibiting a Board member from serving on the Committee, and especially as its chair, will help to assure that there will no personal bias on the part of a Board member interested in the election of specific candidates to further the interests of that Board member.
4. Having a non-Board member serving as Chairperson of the Election Committee for more than one year will help to assure that the Chairperson brings a continuity of knowledge and experience to the job.
An additional issue with respect to the Election Committee is the need to reform the process for handling election complaints. The current process does not permit notification to a complainant of the outcome of a complaint investigation. Based on the weak argument that the privacy of the alleged violator must be protected, those who file complaints are usually told that the result of investigating the complaint is that “appropriate action has been taken.”
A complainant deserves to know whether his complaint had merit and what action resulted. With the support of the Board of Directors, the Election Committee needs to institute a complaint-handling process that provides some form of closure to both complainant and the alleged offender, even if it means bringing the two parties together in a room and explaining the outcome to both of them.

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