The first quarter of the new calendar year, also known as “season” is coming up and this is the time that most condominium and homeowners’ associations have their annual meetings and annual election of directors because the most residents are in town. Read the article…………………….
Making the Switch to E-Voting: A Primer for Condominium Associations (FL)
In 2015, the Florida Legislature adopted Section 718.128 into the Florida Statutes, thereby giving condominium associations the right to conduct elections and other unit owner votes via online voting systems. While many associations in Florida have implemented online voting systems for their elections and other unit owner votes, some associations are still contemplating making the […]
HOA Homefront: Election processes get a lot more difficult in 2020 (CA)
An extensive overhaul of HOA election procedures takes effect in 2020 after the passage of Senate Bill 323. Here is a recap of the many changes: The law at Civil Code 5100(g) will finally allow votes by acclamation when, at the close of nominations, there are not more candidates than open seats. Unfortunately, it only […]
Get Out the VO……….. (CO)
T’is the season for public elections and for community association annual meetings. You probably assumed the last word in the title above to be “VOte.” And yes, that’s one of the things we urge readers to do. Everybody has positions, opinions, differences of opinion and even disagreements over both public policy and HOA governance. We […]
Why electronic voting is clicking with condo owners (ON)
An easy solution to the problem of owner apathy in condominium buildings, and a simple way to encourage interest and participation, is to introduce electronic voting. Read the article……………………..
SB 323 Signed! The New State of HOA Election Laws (CA)
Governor Newsom recently signed into law Senate Bill 323 (“SB 323“). SB 323 makes substantive modifications to the Civil Code’s provisions governing HOA elections, effective January 1, 2020. Some of the more significant modifications require associations to amend their election rules to conform to new statutory requirements, limit the types of candidate qualifications an association […]
Notice of annual meeting requirement (FL)
Q: The manager of my condominium association sent out the first notice of annual meeting and election late. Instead of sending out the first notice 60 days in advance of the annual meeting he sent the first notice out 55 days before. When I raised my concern he said there likely won’t be enough candidates […]
Should Your Condo Association Adopt Online Voting? (FL)
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will […]
Should an Announcement of Election Results Include Votes by Candidate?
This question was recently asked on a national HOA/condo list serve: “In a board of directors election, should the vote totals by candidate be announced?” Without question, the answer of how election results are announced could vary by state, depending on state statutes. If a statute provides a specific process for elections, that process should […]
Adding Electronic Voting for Your HOA
Does your HOA struggle with resident involvement in HOA elections and other various meetings and votes? A new method of voting is on the rise throughout the country, and it may just be the answer to your board’s struggle. Two words: electronic voting. Read the article……………………….
Community Association Board Transitions Can Present Added Challenges During Difficult Times
Changes and shakeups on community association boards of directors are common in Florida, and since the legislature has imposed term limits for association directors, communities are likely to see an even greater level of transitions to new board members in the years to come. Read the article………………………….
HOA Homefront: What happens after total board recall? (CA)
Q: Our HOA recently had a total board recall and election. The new (self-appointed) president handed out terms based on votes received, with three two-year and two one-year terms. Our bylaws specify a procedure for the first election, namely drawing of lots to determine terms, to be two (two-year) and three (one-year). Subsequent elections should […]
9 Basic Facts About HOA Voting and Elections
Most often, membership voting in homeowner’s associations occurs in connection with the election of officers to serve on the Board of Directors, special assessments of fees and or increases in fees or items such as the removal of board members. Voting rights and procedures for members of a community association are extremely important as the […]
No Annual Meeting or Board Election in Forever? (NY)
If a co-op board is actively preventing annual meetings or hasn’t called one in more than 13 months, shareholders with 10 percent of the shares can band together and demand that the board convene an annual meeting. If the board ignores the demand, disgruntled shareholders can call a special meeting of all shareholders for the […]
Is Your Association Ready For The Next Election? Adopting Rules For Electronic Voting (IL)
Getting members to participate in board member elections can be like pulling teeth. The more convenient you make the process, the more likely to get members to participate. Fortunately, the Illinois Condominium Property Act (the “Condo Act”) and the Illinois Common Interest Community Association Act (“CICAA”) allow Boards to adopt rules and regulations to permit […]
Online Election Options for Homeowner Associations and Condo Communities
All in favor, say “Aye”! If only the process of electing community association directors were that simple! Depending on the size and complexity of your association, you may find the proper handling and record keeping requirements of annual elections to be a significant burden. Did you know there are a myriad of online election tools […]
Rios denies neighbor’s accusation of ‘ballot-forging’ (FL)
Marco Island city councilor and vice-chair Victor Rios said Wednesday in an interview with the Marco Eagle that a neighbor’s claim that he forged ballots to win a recent condominium board election is a “defamation of character”and denied he did anything unlawful. “I swear on the Bible I have never committed an illegal act,” Rios […]
Cumulative Voting for Community Associations
Electing the right people to the leadership board of your community association is essential for success. Board elections present the opportunity to vote the right people in and the wrong people out, depending upon the view of association members. For associations with cumulative voting, the election can result in a tug-of-war between members who want […]
Are Your Proxies Valid Under Illinois Law?
In the context of homeowners and condominium associations, a proxy is a document authorizing a person to act or vote on behalf of an owner who is unable to attend a meeting. Proxies are most commonly used at board elections and owners wishing to run for a seat on the board of directors will often […]
What happens when a candidate has been on the board for 8 years? (FL)
Q: Our election for 3 open board seats will be held May 9th. There are certainly enough candidates on the ballot to fill the open positions. However, one candidate has been on the board for well over 8 consecutive years. I understand the Florida Statute 718.112.2.d.2 to permit re-election only if 2/3 of the votes […]
Are signed election ballots valid? (FL)
Q: At the recent annual meeting for my condominium there was a hotly contested election. Several ballots were signed by owners, thus no longer making them secret. The association rejected these votes. Should those votes have counted? Read the Q&A…………………….
Election Voting Assistance (FL)
In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such […]
Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting (FL)
Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural […]
Association Election ‘Shenanigans’ Lead to Contentious, Costly Litigation
A case in which a trial court concluded may have involved some association election “shenanigans” is going back to the trial court for further proceedings after the Fifth District Court of Appeal reversed the lower court’s order mandating binding arbitration. Read the article……………………….
How secret ballots, online voting work for homeowners associations (FL)
Q: I read your article every Sunday and it provides a great insight for those with little to no knowledge of Florida laws and revisions. At our upcoming annual meeting, members will vote to elect new directors. We have been told that only the vote to elect new directors is to be by secret ballot. […]
HOA Homefront: Answers on recalls and voting (and yes, write-ins can vote for themselves) (CA)
Q: I have 2 questions. First, a petition to recall a board member received sufficient signatures and the recall election was scheduled. The board appointed three homeowner inspectors, each of which either circulated or signed the recall petition. Is it legal and/or ethical for them to participate in the counting of the recall ballots? Read the […]
Does Electronic Voting For Community Associations Really Work? How Do You Implement? (FL)
Q: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? Read the Q&A……………….
How do you avoid floor nominations in a homeowners association election? (FL)
Q: Our homeowners association election is fast approaching. In the past we had floor nominations and it is a very frustrating procedure. Can we avoid this? Read the Q&A column…………………………
Election date can be required in bylaws, not statute (FL)
Q: Our condominium election is in December, which makes no sense to me because most of our community goes back north for the holiday season, and the election is scheduled right before Christmas. Is there a law requiring the association to conduct an election when everyone is here? Read the Q&A…………………
Judge rules against Brittany Chase owners over condo board election (NJ)
Appointed voters at the Brittany Chase condo complex in Wayne do not have the right to conduct any business before the condo board, other than to vote in this week’s election, a state Superior Court judge ruled on Tuesday Read the article……………….
Board election dividing Wayne condo (NJ)
Unit owners at Brittany Chase have launched a mutiny to unseat two of their neighbors from the condo association’s board of trustees, which they say is to blame for the community’s financial woes. The 395-unit complex of condominiums and town houses has endured months of turmoil, breeding suspicions among a dissident group of owners that […]
What is Cumulative Voting in an HOA Election?
When it comes to elections in a homeowners’ association (HOA), it’s important to understand the different types of elections that can or cannot be allowed, the pros and cons of each election type, and whether it might be right for your community. One type of election that is held in a homeowners’ association is called […]
HOA Homefront: Readers ask what if our annual meeting isn’t annual?
Q: Our HOA hasn’t had an annual meeting in years. We receive notice the “annual meeting” will be held on a given date to “count ballots.” For the last two years, when we arrived, we were informed it wasn’t a meeting but only to count or collect votes for board members. We were invited to […]
How to Hold an Effective HOA Board Election
In any homeowners association, HOA Board elections can potentially become contentious, time consuming and complicated if not started off on the right foot. Holding an effective and fair HOA Board election is an annual event that helps decide who gets the responsibility for managing an HOA’s major financial matters and property maintenance issues. It is […]
HOA Homefront: More questions on board elections answered (CA)
Q: We successfully recalled our homeowners association board, yet the next day after the vote the recalled directors held a special meeting and enacted lots of business. We believe that everything the board enacted after it was recalled can be reversed with a blanket resolution by the new board. What do you think? Read the […]
HOA Homefront: When board shenanigans erupt around election time (CA)
Q: We cannot get people to volunteer to be on the board. I have been on the board and told the manager I didn’t want to run. She put my name on the ballot and said I had to stay on the board until someone took my place. What happens if you don’t have people […]
What Is An HOA Elections Inspector? (TX)
An HOA Elections Inspector is a professional inspector that a company will hire out to providing professional inspections to homeowners associations. These elections inspectors are able to help HOA’s with a variety of tasks ensuring that the HOA elections are run in a fair manner to give all candidates involved a chance at being elected. […]
Voting by Proxy at HOA Meetings: What you Need to Know
As a board member you’re guaranteed to run in to people who vote by proxy, so it’s important that you understand the process and possible implications of it. The biggest question we get about proxies is “What is it?” A proxy is simply a document that an owner signs to appoint someone else to vote […]
Why Your Homeowners Association Needs Election Rules (CA)
ou’ve sent out the candidate solicitations, you’ve gone through finding members who are willing to serve on your board, printed the ballots, and mailed out a professionally prepared cover letter with two envelopes (postage paid!) – just like your CC&Rs or Bylaws outline. Now you have a new HOA board, right? Then, someone you’d least […]
Tips for Preventing HOA Election Fraud
HOA governing boards resemble small democracies. A community elects representatives to oversee the daily interests of the condominiums, planned unit developments, and cooperatives they serve. Electing the right governing board is vital. Board members supervise critical infrastructure maintenance operations of the association, construct the community’s budget and collect annual fees along with many other functions. […]
Holding Board Elections Keeping Them Transparent, Fair, and Legal (NY)
Whether you live in a condo, co-op, or HOA, board elections are a complicated process, especially when it comes to voting and counting ballots. Yet electing (or re-electing) a board is probably one of the most important exercises the residents of a co-op or condo building can engage in on behalf of their community. After […]
How to Recruit Potential HOA Board Members: Useful Strategies & Tips
Volunteering is a great way to share your talents and to give back to your community. Finding the time to volunteer is challenging: finding people willing to volunteer is sometimes even more challenging. For HOA boards, member involvement is crucial to providing responsible and successful HOA management. Here are a few tips on how to […]
Opinion: Editorial: Will Reston Accept Local Partisan Politics? (VA)
The Reston Association election is upon us. Voting is underway and continues through April 2. Over the past few election cycles, Restonians have increasingly been asked to vote for slates of candidates. This should disturb you. In last week’s Connection you were urged to vote for a partisan slate of candidates (“Ganesan, Johnson, Bowman and […]
An Easy Guide to Understanding Board Member Term Limits: Pros & Cons
Having a great board of directors for an HOA or condo association is vitally important to an association’s success. Responsible for governing the association’s budget and needs, members who are willing to serve and to work together is invaluable: just how long they serve is a matter for discussion. Are term limits good or bad […]
Tips to Hold a Smooth HOA Board Election
An HOA board election is a meeting of the membership during which homeowners come together to elect officials to serve on the board of their HOA. (Membership meetings should not be confused with board meetings, which are meetings where members of the HOA board discuss and vote on association business issues.) Read the article……………..
Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus
Most 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 next year’s budget. Read the article……………….
Quorum needed to conduct association business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? Read the Q&A…………….
HOA Homefront: 11 sure-fire ways to frustrate HOA elections (CA)
Most associations have member voting at least annually, and the process required by statute applies to all homeowners associations, whether two units in Redondo Beach or 3,000 units in Oakland. Avoid these mistakes which can doom HOA elections. Read the article……………..
How to Have Successful HOA Elections
One of the centerpieces of a successful HOA is a well-organized election process. However, in order to ensure that your HOA elections succeed every year, it’s important to take heed of a few key rules: follow your governing documents; send out proxies; ensure that you have a quorum; document your elections appropriately; know who can […]
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 before the annual meeting. Shouldn’t that ballot box be sealed until, and only opened at, […]