Elections

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Homeowner Association E-Voting? The Unlikely Future

One of the biggest problems with both large and small communities is their governing bodies’ inability to execute meaningful improvements due to a lack of quorum (i.e. attendance by a majority) of its members.  Active participation by a majority of

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What to Do if Your Condo Association Special Assessment Vote Fails

At this point, we’ve discussed the need for a Special Assessment in great detail. You’ve done all of the work, but your Owners rejected your plan. We’ll assume for the sake of this article that the work simply must be

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Court makes decision in HOA voting procedure (CA)

Eastlake III homeowners met in court last week to sort out unresolved issues surrounding multiple elections for the Home Owners Association’s board of directors. San Diego Superior Court Judge Lisa C. Schall confirmed that the board’s bylaws and Covenants, Conditions,

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Residents sue HOA to nullify count (AZ)

For the last two annual meetings of the Oasis at Magic Ranch homeowners’ association, D.R. Horton home builders has submitted votes for each of its vacant lots to swing the election, say residents who have filed suit to have those

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Rigging an Election? This is Serious

What is it about community associations that sometimes bring out the worst in people? Is it that we’re dealing with people’s homes? Do we not like somebody else telling us what we can and can’t do? Is there a sense

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Two found guilty of fixing election in Pike County private community (PA)

Two Pike County men have been convicted of election fraud, according to Pike County District Attorney Ray Tonkin.  Dmitry Kupershmidt, 42, and Myron Cowher, 53, were found guilty Monday on numerous charges related to a scheme to fix an election

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Voting by Proxy Actually Requires a Proxy

The bylaws of most community associations permit members to vote “in person” or “by proxy.” Voting “in person” means just what it sounds like: a member attends a meeting and casts their vote while physically in attendance. But what does

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Can Condo Associations Bar Political Signs in Common Areas?

A tiny political sign triggered a giant-sized dispute in a Colorado condominium, when the association manager said the sign violated an association rule governing common area displays and told the residents to remove it.  Read the article…………

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Multiple South Florida condos under state investigation for election fraud

At one Hialeah condo, a 2015 vote received 115% participation of owners; at The Beach Club at Fontainebleau Park, dozens of apartment owners claim their signatures were falsified     Read the article……….

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Is Electronic Voting Right For Your Board Election?

Election season is coming. Everyone you know is preparing, taking sides, discussing the issues, and maybe reassessing who their real friends are – based on who they’re supporting. It’s never an easy task to elect a new co-op board. But

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HOA Proxy Votes

If you are active within your HOA, you may have heard the term “proxy” thrown around, but what exactly is a proxy, and who can be one? If you are unsure about HOA proxies, you aren’t alone, so check out

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HOA Board Recalls Don’t Happen Out of the Blue

The natives are restless. The smell of tar wafts again through the night air and somewhere another chicken loses its feathers. The HOA board prepares for impending doom.  Board recalls don’t happen out of the blue. Like Mt Vesuvius, they

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New Law Allows Electronic Voting by Community Associations (FL)

His article calls for the state’s Division of Condominiums to establish an approval and certification process for the e-voting systems providers. It reads:  Read the article………..

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HOAs, Condo Associations Must Implement Safeguards to Prevent Election Fraud

A recent case in Las Vegas has set a new bar for the heights to which criminals will go in their efforts to defraud condo associations and HOAs for contracts worth millions of dollars. A U.S. Justice Department investigation revealed

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A Proxy Primer

The vast majority of community associations routinely use proxies in some way at their annual membership meetings. Given that, it’s not surprising that many of the questions I receive from community association Board members and property managers during annual meeting

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Community Association Voting: Evolving Trends in Membership Elections of Directors and the Authorization of Corporate Action

2014 CAI Law Seminar Best Manuscript Award Community Association Voting: Evolving Trends in Membership Elections of Directors and the Authorization of Corporate Action David J. Graf, Moeller Graf, P.C. & Steven S. Weil, Berding & Weil LLP      

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HOA HOMEFRONT: (CA) Assembly bill would end state ban, let homeowners associations conduct elections online

One of the more interesting anomalies in current California corporate law is that under the Corporations Code, almost any corporation can vote via the Internet or other electronic means, so long as members have the opportunity to opt out and

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Use Online Voting to Eliminate the Need for Proxy Voting

Voting is one of the most important aspects of a community association board. Voting is how decisions are made and measures are implemented. Unfortunately, not every board member can make every vote. In these cases, a proxy is often used,

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How and When to Update the Rules, Apply Special Fees, and Use Proxies

When it comes to running an HOA, as a board member, there are a lot of “special circumstances” or advanced facets that don’t come around every day. In fact, many board members can go their entire terms without ever running

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Online Voting

Many community associations struggle with member involvement. In fact, today’s busy lifestyles make it difficult, even for the most civically minded homeowner, to find time to be engaged in the governance of their community association. This is bad news.  

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