Elections

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Are Free Elections Guaranteed in New Jersey’s Planned Communities?

Governor Chris Christie recently signed a bill that changes how elections in Fair Lawn’s Radburn neighborhood are run — which will impact the approximately 7,000 common interest communities in New Jersey. The so-called “Radburn Bill” changes how residents are elected

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Don’t open ballot box before board meeting

Q. Our association utilizes mail-in ballots for elections to the board. The association’s accounting firm (which also tallies our election results) opened the ballot box before last year’s election with only their personnel present in order to ensure a quorum

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Election Got’cha! (WA)

This is the time of the year when many community associations hold board member elections. The process is easy, right? The association identifies the number of open positions, solicits nominations, sends out a meeting notice with candidate information and proxies

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Three Questions to ask Prospective Condo Association Board Candidates

Condo elections are incredibly important. New Condo Board members help fight apathy and infuse new energy into Boards. On the other hand, established veterans who have led the Association for years are critical as well. Too often, the “campaign” part

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How to Run an Effective and Fair Condo Association Election

Election time in Condo Associations might be a big deal – or a big snooze. Regardless, you want to make sure that you are organizing things well. You want to ensure that there is interest, engagement, competition, and most importantly,

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April Sound residents, POA clash over election petition (TX)

Residents in April Sound will vote Saturday in a controversial election regarding the April Sound Property Owners Association Architectural Control Committee.  The POA’s ACC is a three-person panel that considers requests by residents who want to make architectural changes to

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Can I serve on the board if my name is not on the deed?

Q: My wife and I took title to our condominium unit in my wife’s name for estate planning purposes based on our estate planning attorney’s advice. Now the board is telling me that I am not eligible to serve on

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HOAs Gone Haywire, Part III: The 411 On Everything You Need to Know About HOA and COA Board Elections

Last May, two Pike County, Pennsylvania men were convicted of HOA Board election fraud after being found guilty on numerous charges related to a scheme to fix an election in a Delaware Township private community.  Hundreds of complaints were submitted

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The Importance of Democracy in Your Homeowners Association Community

Homeowners within in a homeowners association possess a right to participate in deciding what will be done about community issues that affect all residents. By casting their vote—either in person, or by proxy, or absentee ballot—they can help make important

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Total Board Recall in Your HOA

The natives are restless. The smell of tar wafts through the night air and somewhere a chicken loses its feathers. The board prepares for impending doom.  Board recalls don’t happen out of the blue. Like Mount St. Helens, they give

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Fighting Apathy: Identifying Great Condo Board Member Candidates

Condo Association Boards have an extremely challenging job when it comes to running their Associations. They have substantial control over finances and the direction a community goes. The fear of breaking bad – and resulting horror stories – is very

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Condo Boards Ensure Secret Ballots?

Q: I live in a small condominium in Baiting Hollow, N.Y., where everyone knows one another. When we vote at our annual meeting, two volunteer unit owners count the ballots, so our votes are not really secret. After last year’s

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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

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What to Do if Your Condo Association Special Assessment Vote Fails

we’re going to discuss what your options are to move the ball forward if your Condo Association Special Assessment vote fails

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Court makes decision in HOA voting procedure (CA)

San Diego Superior Court confirmed that the board’s bylaws and Covenants, Conditions, Restrictions and Reservations must be followed for current and future Eastlake III HOA elections

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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

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Rigging an Election? This is Serious

Apparently, the charges all related to the director’s efforts to take, complete, and submit ballots for absentee owners without their permission

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

were found guilty Monday on numerous charges related to a scheme to fix an election in the private community of Wild Acres Lakes

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Voting by Proxy Actually Requires a Proxy

Black’s Law Dictionary defines a “proxy” as the written authorization given by one person to another so that the second person can act for the first

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Can Condo Associations Bar Political Signs in Common Areas?

To what extent can condo owners waive the First Amendment rights guaranteed by the U.S. Constitution.

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Multiple South Florida condos under state investigation for election fraud

In 2015, Miami-Dade recorded the highest number of complaints of irregularities and fraud in the administration of condos of any county in Florida

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Is Electronic Voting Right For Your Board Election?

Both systems are growing in popularity in larger buildings, particularly those that already use an outside service to organize and manage their elections

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HOA Proxy Votes

If a homeowner is unable to attend, they can send someone in their place. The homeowner, however, must fill out a document that appoints this person as their representative. This document is called a proxy.

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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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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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