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……………………………….
Voting Cards at Conventions & Annual Meetings (NC)
Although COVID-19 is (hopefully) waning, there are still concerns about immediately going back to the way things used to be done at annual meetings. For instance, the most common method pre-pandemic of voting during large meetings was by voice. On any matter to be decided, the presiding officer would ask all those in favor to […]
Residents Against Woodlands Developer Win Seats on HOA Board (FL)
There is a change of power in the Woodlands Homeowners’ Association after all four candidates endorsed by “Save the Woodlands” won the recent at-large HOA delegate election. The election, initially scheduled for February 7, was finally completed on March 10. It gathered attention due to the clear line dividing candidates and residents into those who […]
Condo questions: Are board of directors required to send out candidate information sheets? (FL)
Q: I live in a condominium association. Our election is 30 days away. I am running for a seat on the board of directors. We just received the second notice of annual meeting and election, which contained the notice, the ballot and the envelopes. However, the candidate information sheets were not included. Isn’t the association […]
Condo term limits explained (FL)
Q: In the past you have written articles concerning the term limits provision added to the Condominium Act. I was wondering if there have been any updates on that issue and how the term limits now apply to current board members? Read the Q&A…………………………………
HOA Homefront – An election tie and another has no elections (CA)
Q: We had an election where three people ran for two positions and the second and third place vote-getters tied. Without giving an explanation or detailed procedure they stated that they had to resolve it at a later meeting because candidate 3 was not in attendance. Read the Q&A……………………………….
Secret Mail Ballots—How Do They Work and Do You Need A Proxy (CO)
In a world of COVID-19, virtual meetings, and tensions still running high in many associations, members are more eager than ever to participate in the democratic process of the association. With the increased desire of members to participate, and in conjunction with virtual meetings, comes the inevitable questions of how do proxies work, when are […]
Can Delinquent Owners Voting Rights Be Revoked?
In an effort to encourage members to pay their dues on time, homeowners associations impose certain consequences for late or lack of payment. One of these consequences is to suspend delinquent owners voting rights. But, is that even allowed? Read the entire article……………………………….
CB South POA nullifies election result (CO)
The board of the Crested Butte South Property Owners Association (POA) on Monday announced that it would nullify the result of a November 2021 election on the community’s covenants. The rule changes touched on short-term rentals and campers, among other issues. Read the entire article……………………………….
Voting by Written Ballot and Written Agreement in North Carolina
When it comes to asking homeowners association / condo members to approve or reject matters in North Carolina, there are generally two options: the written ballot and the written agreement. These documents and legally dictated processes may look very similar, but they are legally distinct. This article examines how and when using the written ballot […]
Nomination Procedures for Elections (NC)
If you are administering an election for your group or association, then you may have questions about how the nomination process works. Do you need to use an election committee? What are nominations from the floor? What about other methods of doing nominations? Read the entire article……………………………….
HOA proxy elections permissible (FL)
Q: Are owners allowed to use proxies to vote at a meeting in a homeowners’ association and what is required for a proxy? Read the Q&A………………………………..
Election By Acclamation Is Now Allowed For Uncontested Elections (AB 502) (CA)
As of January 1, 2022, all associations, regardless of their size, can now forego sending out ballots in an election for the board of directors if the election is uncontested, i.e., the number of nominees does not exceed the number of open seats on the board. This process is referred to as “election by acclamation.” […]
Shareholders Wrest Power From an Entrenched Harlem Co-op Board (NY)
One of the most common complaints in cooperatives is that the board takes control and never gives it up and that the board works for itself and not for the good of the shareholders. In the vast majority of cases, it’s not true. Typically, board members work very hard, and shareholders continue to elect the […]
What Is A HOA Board Member Holdover?
An HOA board member holdover does not often happen. But, when it does, community members typically don’t know how to proceed. What exactly should you do when a board member’s term extends? Read the entire article……………………………….
State law does include HOA election results deadline (NV)
Q: I am curious as to why Nevada Revised Statute, Chapter 116, doesn’t require board election results to be posted within 15 days of the election. Our association just had a board election on Aug. 5, and the 68 owners — 47 of whom voted — never received the results. I was told by the […]
How to Deal With Recalls/Board Removal in Light of Election Rule Requirements (CA)
We all remember the good old days when conducting a recall of one or more members of the Board of Directors was complicated enough, but still coexisted with the election of a new Board of Directors if the recall was successful. The timeframes in the Corporations Code and Governing Documents to conduct a Board recall […]
HOA Elections 101: Your Complete Guide
Every homeowners association is run by a set of volunteer members from the community known as the HOA board. In most associations, members are nominated and then elected into positions. These board members then take on the responsibilities of managing the association, performing a wide range of tasks that cover everything from dues collection and […]
Condominium Association’s Power to Suspend Voting Rights Called Into Question (FL)
On June 2nd, 2021, Florida’s Third District Court of Appeal issued an Order in the case of De Soleil South Beach Residential Condominium Association, Inc. v. De Soleil South Beach Association, Inc., et. al., which may impact a condominium association’s authority to suspend voting rights for non-payment of assessments.
Proxy votes are okay for condo associations (MA)
QUESTION: Recently our condo association held our annual meeting during which an election of trustees was conducted. One trustee brought proxies from seven residents (plus his own vote). One trustee resigned a couple of years ago in order to be appointed the resident property manager. This person also brought four or five proxies (plus his […]
Condo Q&A: Electronic Voting Works – but How to Set It Up? (FL)
Question: Our condo building has more than 400 units and only a small percentage of residents seem to be interested in participating in voting when we have a vote on anything, so we can’t meet the quorum requirements so we can’t get much done in the building. If we were able to vote online, I […]
Choosing the right officials to represent a neighborhood is vital to the appearance of the neighborhood and how homeowners’ fees are used.
You find a beautiful neighborhood that you have always longed to live in. Your home and the homes around yours all have beautiful yards that are immaculately landscaped, lawns that are perfectly cut, eye-catching flowers all around and houses that are painted with precision. Everything looks great and it’s due to the neighborhood being managed […]
Can We Hold a Special Election? (FL)
Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? Read the Q&A…………………………………
Condominium Association Elections – The Who, What, When, & Where (FL)
Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there […]
A Primer on Florida Community Association Voting By Proxy
Community associations often struggle with securing a quorum, which is the minimum number of voting interests required to be present in order to conduct a meeting of the members, and this challenge has been exacerbated by the pandemic. One of the most effective ways for associations to secure enough votes from unit owners to achieve […]
Association Cannot Edit Candidate Resumes (FL)
Q: For our condominium association’s upcoming election, the blank candidate information sheet provided by the management company has a signature and date line at the bottom. Is it required that candidates running for the board of directors to sign the candidate information sheet form after what they have written about themselves? Read the Q&A’s………………………………….
How To Make An HOA Candidate Statement For Board Nominations (NC)
Every homeowners association goes through board elections, but not all communities have the same exact procedures. One thing that remains common in most associations, though, is the need for an HOA candidate statement. Read the article………………………………..
Running a Community Association as a democracy, transition of power without a condo coup (FL)
When purchasing a residence in a condominium, homeowners association or a co-op, you by default agree to reside in a community association. You live in relatively close proximity to your neighbors and equally share the right to utilize common areas, whether it’s a lobby, pool, gym, parking lot and/or clubhouse. Monthly Association dues fund shared […]
Recalling HOA Board Members – What You Need to Know
The diverse talents and personalities of an HOA board help an association only if those serving contribute, are honest, and attend meetings. When a board member fails to adhere to the bylaws or engages in behavior harmful to the association, a recall is often necessary. How to proceed with an HOA board member recall depends […]
Community Association as Democracy: Transition of Power Without a Condo Coup (NY)
When purchasing a residence in a condominium, homeowners association or a co-op, you by default agree to reside in a community association. You live in relatively close proximity to your neighbors and equally share the right to utilize common areas, whether it’s a lobby, pool, gym, parking lot and/or clubhouse. Monthly association dues fund shared […]
EXPLOSIVE CLAIM: Election Fraud In Seven Bridges Delray Beach, Emails Revealed (FL)
Emails obtained by BocaNewsNow.com suggest the president of the Seven Bridges Delray Beach Homeowners Association secretly accessed confidential voting information, then used that information to target homeowners who had not yet voted in the association’s election held last week. The community’s property management company then apparently tried to cover it up. Read the article…………………………………….
Volatile Elections – The Aftermath
I don’t know if you remember this, but there was an election recently that was rather volatile. With volatility comes uncertainty and unease and we are left to wonder where we should look for certainty and guidance. At the national level we must look to our country’s foundational documents and laws including the Declaration of […]
5 Tips for a Successful HOA Election
A successful election process for a homeowners’ association (HOA) is necessary for the safety and well-being of the community. HOA elections occur when it’s time to elect the board of directors for an association according to its governing documents. Typically, HOA elections are held at an annual meeting, and members of the community association vote […]
Election Integrity in Your Community Association (CO)
As of the moment of this writing, we are in the thick of vote counting in our national election, with allegations of fraud, cheating, and mishandling ballots running rampant. On the flip side are allegations of voter intimidation and ballot counting intimidation. While these stories surely affect all of us in different ways, even though […]
Director Elections in HOAs (i.e. Welcome to the Wild, Wild West) (FL)
An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]
HOA Homefront: It’s time to discontinue the troubling, unnecessary proxy (CA)
Proxies are still used in most HOAs and continue to contribute to confusion and controversy during association elections. A proxy is a document by which one association member authorizes another member to vote for them. Unless banned by governing documents, proxies are allowed in HOAs under Corporations Code 7613 and Civil Code 5130. However, there […]
Proxy voting in HOA elections often neither secret nor private (FL)
Can you advise me on what a legal voting proxy should have on it when voting for new members of the board? Are we supposed to sign the proxies so that, when we look back on the vote, we know who voted for whom? Read the Q&A………………………………
HOA Homefront: Are virtual board meetings legit? (CA)
Q: Our association canceled the March meeting and then April’s meeting was held by a teleconference with just the board members. Is this legal? We have not received any information about what was discussed in this meeting Read the Q&A…………………………
Using Technology in Community Association Board Meetings & Elections (IL)
In a world left reeling from the impact of the novel coronavirus pandemic, students have finished their academic semesters, even their graduate-school educations, via video-conferencing. Individuals suffering from chronic diseases are being treated via remote consultations with their physicians to avoid the dangers of possible coronavirus exposure at hospitals. Read the article…………………………….
New Regulations for Common Interest Communities Concerning Elections and Board Meetings (NJ)
The New Jersey Department of Community Affairs, Division of Codes and Standards (DCA) published new regulations under the Planned Real Estate Development Full Disclosure Act (PREDFDA) on May 18, 2020. These new regulations are intended to serve as an update to the Radburn Election Law (P.L. 2017, Ch. 106) and will have a significant effect […]
Electronic Voting in Community Associations (FL)
The current environment has presented many obstacles for Association living. Federal, state, and local governments have placed restrictions on gatherings, which has limited Boards’ options for conducting meetings and getting owner participation. Even when restrictions ease, it is likely that some individuals will remain cautious of gathering in social settings with large groups. Read the article……………………………………
Palos Verdes Homes Association squabbles over elections once again (CA)
The Palos Verdes Homes Association is once again fighting over election results to fill its board of directors, two years after a Superior Court Judge ordered it to tally ballots even though the group considered the election invalid. At issue is the inability of the association — which represents Palos Verdes Estates homeowners — to […]
So, what does the “Inspector of Elections” do, anyway? (CA)
The role of the inspector of elections can be a confusing mystery to members asked to serve in that role and to managers who may not really know what the job involves.Read the article……………………………..
Is a Voting Certificate Required If a Unit Is Owned by an LLC?
Many governing documents include a provision requiring a voting certificate if a unit or parcel is owned by more than one person, a corporation, or another entity. In some cases, there is an exception for spouses, and other times, a voting certificate is only required if the unit or parcel is owned by a corporation. […]
Condominium column: Electronic voting helps associations get enough participation for changes (FL)
Q: Hi, I live in an HOA that has more than 500 homes, and almost every year at our election, we don’t have enough people to show up to have a quorum so we can’t hold our meeting and we can’t have our election. Read the Q&A…………………………….
Avoiding Election Pitfalls (FL)
Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Read the article………………………….
Should extra ballots be counted? (FL)
Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes […]
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 […]
Cumulative Voting in an HOA
Voting is an important aspect of homeowner engagement in an HOA, especially for annual meetings. Homeowners’ voices are heard through voting to adopt or amend the governing documents, levy a special assessment, or most notably, for the election of board candidates. Voting can be conducted in person, by proxy (in Texas, but not in Arizona), […]