Q&A: Submitting Candidate Filing Forms

Q I have a question regarding running for the board of directors, particularly the election rules. Can shareholders submit a candidate filing form after the filing deadline? The form was posted and the date has passed. Can the board accept submissions without notifying the homeowners of the change? —Cooperative Candidate

A “The rules for elections of directors are usually found in the cooperative’s bylaws. If the bylaws are silent, the board of directors should adopt election rules for the annual meeting, which are applied equally to all shareholders and should inform the shareholders at or before the time that the notice of meeting and proxy forms are mailed to them, of the procedures that will be followed,” says David L. Berkey, Esq. of Gallet Dreyer & Berkey, LLP in New York. “If the board has established a deadline for submission of candidate’s filing form (a type of nomination procedure), the rules should be followed, so that no shareholder can claim that a candidate was given an unfair advantage in the election. The board should not accept late submissions from one candidate without advising all shareholders that the period for nominations or submission of candidate filing forms has been extended for all candidates, and a reasonable time given to all potential candidates to submit their forms.”

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