M.P. from Massachusetts writes:
Dear Mister Condo,
Some years we have 3 terms ending (thus three openings on the board) and only 2 homeowners running (i.e. only their 2 names are on the annual ballot). What usually happens is a “gadfly” homeowner writes themselves in on the write-in section of their own ballot, and gets into office with their 3 votes (3 openings = 3 votes per residence). Our CC&R’s are impossible to change (long story) but we do have Rules and Regulations we can change. Can we adopt rules to require a minimum number of votes to be elected to the board via write in? If so, what kind of minimum number do you suggest?
Mister Condo replies:
M.P., I am not sure I follow what the problem here is. If only two homeowners are on the ballot and there are three openings, does that mean only two candidates applied in advance of the ballot preparation? How could you have a third candidate on the ballot if no one applied? The CC&Rs dictate how your elections are held and how your candidates are selected. As long as you are getting enough folks to run and serve on the Board, I do not recommend doing anything to impede the process. Even a “gadfly” candidate as you have stated needs to be elected through a democratic process. If they are getting enough votes to win, they are properly elected to serve on the Board. I would actually be thankful; that someone came forward to serve. Otherwise you could find yourself short a Board member, which is bad business for any association. All the best!