In a two-hour annual meeting last week that was at times tense and other times jovial, members of the embattled Dobson Ranch Homeowners Association elected three board candidates who had been critical of the previous board’s handling of financial turmoil over the past three years. Read the article…………………………….
Director Elections—What Could Possibly Go Wrong?
Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with […]
Electronic Voting takes the Burden Off of Management Companies (NY)
There are several reasons why property management companies in NY should want to have their condos equipped with electronic voting systems: Read the article…………………………….
Sugarmill Woods man takes on the HOA machine
Disputes between residents and their homeowners associations (HOA) are commonplace and some can get downright nasty. But the HOA that Jerry Carr belonged to – the Sugarmill Woods’ Cypress Village Property Owners Association – raised nastiness to another level entirely and led to a precedent-setting state intervention. In fact, a state agency threw out the […]
Candidates May Vote For Themselves (FL)
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]
Dos and Don’ts of Election Challenges in Community Associations (FL)
Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its […]
Dos and Don’ts of Election Challenges in Community Associations (FL)
Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its […]
NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations
On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the Radburn Regulations – which impose specific requirements on the election process for community associations throughout New Jersey and other […]
Court of Appeals Resolves Dispute Between Competing Community Association Boards (WA)
There was recently litigation to determine which of two competing boards of directors of a community association had the right to access the association’s bank accounts. One of the litigants originally served on the association’s board as an appointed director and president. Read the article…………………………….
Term Limit Law Still 2 Years Away (FL)
Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the […]
Term Limits to First Impact Longstanding Condo Directors in 2026 (FL)
The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Read the article…………………………….
Holding Elections: Every Board’s Duty
Shared residential communities such as condos, co-ops, and HOAs are modern examples of classic Athenian democracy: citizens governing themselves through active participation in governance. The key to that governance is the regularity of elections to the community’s leadership—which in this case is the board of directors. Read the article………………………………
HOA Homefront: Q&A on elections and board shenanigans (CA)
Boards should not be playing tactical games to preserve their power. It’s a volunteer position, and if the community would prefer different leadership, egos need to be set aside in favor of the HOA’s democratic process Read the Q&A………………………………
Holding Elections – Every Board’s Duty (NY)
Shared residential communities such as co-ops, condos, and HOAs are modern examples of classic Athenian democracy: citizens governing themselves through active participation in governance. The key to that governance is the regularity of elections to the community’s leadership—which in this case is the board of directors. Read the article……………………………..
HOA Electronic Voting and Bylaws
An election for the Flagship Wharf Condominium Association’s board was upcoming. Members were told they could vote in person at the meeting, by directed proxy, or electronically through a unique link sent to each Unit. One of the candidates asked the board to amend the association’s Bylaws to explicitly allow for members to vote electronically […]
A Guide to Condo Board Elections (IL)
Condominium living offers many benefits, such as shared amenities and maintenance services, but it also comes with responsibilities, including participating in condo board elections. These elections play a crucial role in shaping the direction and management of your condo community. In this article, we will explore the importance of condo board elections, the process involved, […]
One of These Things Is Not Like the Other: Proxies at Meetings, Written Ballots, and Electronic Voting (NC)
All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis, at a minimum, to elect the Board of Directors and for ratification of the upcoming year’s annual budget. Read the article………………………..
An e-voting gaffe, a three-way tie and condo election chaos (ON)
An error attributed to an electronic voting platform for condominium corporations has unleashed chaos at a Toronto-area townhouse complex and is raising questions about the rules governing condominium election disputes. Read the article………………………..
‘He definitely needs to be recalled’: Sunriver homeowners frustrated after misleading email endorses candidate (OR)
Homeowners in Sunriver are voting this month on electing directors to the Sunriver Owners Association board. In early July, the SROA members received an email from what appeared to some to be the official association, including the SROA logo, endorsing just one candidate, Bob Tiernan, when there are several on the ballot. Read the article………………………..
Ex-Marco councilor Victor Rios gets two years probation in condo election fraud case (FL)
Former Marco Island City Councilor Victor Rios was sentenced to two years of probation on Wednesday for committing personal information fraud while allegedly rigging a 2019 condo board election. Read the article………………………..
Big Changes to Condominium and Homeowners’ Association Elections are Coming This Summer: Part II (PA)
Act 115 of 2022 will amend the Pennsylvania Uniform Condominium Act and the Uniform Planned Communities Act to change the ways meetings and elections are held. In Part One, I listed many ways that Act 115 will help communities. In this part, I will talk about some of the ways Act 115 may make things […]
HOA Q&A: If a new board member resigns, how do we replace that person? (FL)
Q: We just had our condominium association elections. There were 3 open seats and 4 people ran. Three people were elected to the Board of Directors. But, one week later, one of the new Board members resigned from their seat on the Board. How does the Board replace the director who resigned? Read the Q&A……………………………….
Court Intervenes to Halt HOA Election Abuse (CA)
Under California law, a homeowners association (HOA) is considered a “quasi-government entity” similar to a municipal government. And, as courts have noted, “with power, of course, comes the potential for abuse.” Read the article………………………..
Trial begins for former Marco Island councilor Rios charged with condo board vote fraud (FL)
The trial for former Marco Island City Councilor Victor Rios began this week over allegations that he forged votes to win re-election to a condominium board in 2019. Read the article………………………..
Reasons for Electronic Voting in Condominiums (NY)
Electronic voting is a simple and efficient way to conduct condo association elections and make important decisions. Here are just a few reasons why your condo in NY should use electronic voting: Read the article………………………..
The Superior Court Has The Authority To Determine The Validity Of Board Elections, But What About Recalls? (CA)
Section 709 of the California Corporations Code provides a mechanism for “any shareholder” or “any person who claims to have been denied the right to vote” to obtain a determination by the Superior Court of the validity of any election or appointment of any director of any domestic corporation, or of any foreign corporation if […]
EagleVail Property Owners Association election leads to controversy after a winning candidate drops out following vote (CO)
The EagleVail Property Owners Association held its annual election for three board seats on Feb. 17, 2023. However, shortly after votes were tallied, a candidate withdrew, leaving one spot open, to which the board appointed a new director from the slate of candidates. Read the article………………………..
Condo Q&A: HOA manager free to campaign for election candidates (FL)
Q: Can the property manager of our homeowner’s association tell owners who to vote for in a board election, or when it comes to voting for assessments? The HOA manager in my condo unabashedly tells owners who to vote for and who not to vote for in elections. Is this legal? Read the Q&A……………………………….
HOA Q&A: Some things to know for annual meetings and board elections (FL)
Q: The second notice of election packet was just sent out from my condominium association. In review of the packet, I discovered that there was a letter from the Board endorsing certain candidates. Can they do this? Read the Q&A……………………………….
HOA Q&A: Some things to know for annual meetings and board elections (FL)
Our firm has received several questions concerning condominium elections. Because this is annual meeting and election season, below are the most frequently asked questions with their corresponding answers. Read the Q&A……………………………….
Ask the HOA Expert: Procedure For Voting In Person And Voting By Proxy
Question: At our annual meeting, the procedure for voting in person and voting by proxy was different. Those who attended the meeting registered by signing in. Proxies were only counted if the signature on the form matched the signature of record. Is this standard procedure? Read the Q&A……………………………….
Timesavers at Annual/Election Meetings (FL)
In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Read the article………………………..
Can HOA Members Remove Officers Midterm?
As a member of a homeowners association, it’s important to know your rights and options when it comes to the governance of your community. One issue that may arise is the removal of officers, such as HOA board members, before the end of their term. So, can HOA members remove officers midterm? The answer is […]
Illinois Court Rules Condo Association Did Not Properly Elect Directors and Vote to Amend Condo Bylaws
When a party buys a condominium unit in a condominium development that is still in its infancy, many issues may arise, including how control of the board of managers will be transitioned from the developer to the unit owners and how the board will be elected. Read the article………………………..
Resident raises red flag in condo election, but is the concern legit? (FL)
Question: Can the property manager of our homeowners association tell owners who to vote for in a board election, or when it comes to voting for assessments? The HOA manager in my condo unabashedly tells owners who to vote for and who not to vote for in elections. Is this legal? Read the Q&A……………………………….
Holding Elections: Democracy at the Micro Level
In many ways co-op, condo, and HOA living represents the most basic form of representative democracy. Like the ancient Athenians, we gather periodically to elect a small group from among us to represent our joint interests and to oversee the finances and well-being of the community. Ah, now, if only it were that simple. Read […]
HOA Online Voting: How To Do It Right
Elections are a normal part of homeowners associations. Homeowners elect members yearly or every few years to serve on the board and lead the community. As with any election, though, HOA elections can be messy. Many associations need help getting a good voter turnout or organizing the ballots. Read the article………………………..
Board Member Terms and Staggering Elections- Getting It Right to Benefit the Community (OH)
Community association owners may not fully appreciate how the length of time board members serve on the board and staggered elections can directly impact the community. Making sure the governing documents for the association provide for longer board terms and staggering elections are necessary tools for efficient and effective community associations. Read the article………………………..
Keen Contests Mark The First Colony HOA Board Election (TX)
An attention grabbing flyer is being distributed to homeowners in First Colony by neighborhood residents supporting three board candidates for the First Colony Community Service Association (FCCSA), the homeowners association (HOA) for the large residential community. It has over 9,000 single family homes, about 785 multi-family units and a sizeable residential complement Read the article………………………..
HOA Homefront: If quorum fails, election fails (CA)
Q: Our HOA had an election for two board seats, there were three candidates. Not enough ballots were returned to make quorum. The quorum percentage decreased over the next few months. Then the current board decided to not even have the ballots counted and to keep the old board in place. Is this legal? Read […]
Simple Steps to Avoid Co-op/Condo Board Election Mistakes (NY)
When mistakes are made in co-op and condo board elections, the whole process can be tainted and litigation can result. That’s what happened in the case of Roberts v. WVH Housing Corp. WVH, a New York City cooperative, has a seven-member board, and at the 2021 election four positions were open. Read the article………………………..
Here’s What Your HOA Should Know About Proxy Voting
When it comes to governing a community association, all votes are important. However, because association members often have busy schedules outside their community it can be difficult to achieve quorum at required meetings. Read the article………………………..
How to Make Online Voting Work for Your HOA
Online voting is a great tool designed to pair the greatest need of an HOA—homeowner involvement—with a technological solution. As a follow-up to an earlier article about community voting, this week we will share the benefits and challenges of online voting for your HOA. Then, we will provide some best practices to consider when planning […]
Preventing HOA voter fraud
Homeowner associations hold elections every year. Members have the opportunity to vote for people who they believe will best serve the needs and interests of the community as a whole. But like any other election, voting can be a tricky thing. Some communities struggle to get members to cast votes. Sometimes owners aren’t sure how […]
Singh headed to court to challenge condo board election results (NJ)
Petulant perennial statewide candidate Hirsh Singh will challenge the results of a condo board race in Atlantic City even though he finished fifth in Sunday’s election and lost by a margin of more than 2-1. Read the article………………………..
HOA Voting: A Guide For Board Members And Homeowners
When it comes to HOA voting, not all homeowners associations have it down pat. Some still struggle to standardize their procedures and hold seamless elections. This is where a guide will come in handy. Read the article………………………..
Can An HOA President Be Impeached? Here’s What to Know
Community association presidents often have a lot of power and responsibility. They can make decisions that affect the entire community. Although most volunteer board members balance this tough job very well and have the best interest of the community in mind, rarely, that might not be the case. What happens if they start abusing their power? […]
One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting (NC)
All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the Board of Directors and for ratification of the upcoming year’s annual budget. Read the entire article……………………………….
Tips for winning your HOA board election
A board of directors represents the owners of a condo or HOA community. The board is made up of a group of elected volunteers who help manage the association and make decisions that preserve or enhance the value and enjoyment of the development. Read the entire article……………………………….
Tips for winning your HOA board election
A board of directors represents the owners of a condo or HOA community. The board is made up of a group of elected volunteers who help manage the association and make decisions that preserve or enhance the value and enjoyment of the development. Read the entire article……………………………….