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 in accordance with the governing documents (usually bylaws), and conducts the meeting following protocols outlined […]
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 choices. Read the article………….
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 off warning signs. There’s rumbling and venting going on. Disgruntled phone calls, rants at board […]
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 election, I received a nasty anonymous letter in the mail about my vote. The lack […]
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 the owners is pivotal to a board’s success. Otherwise the community board and their planned […]
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 of power from being on the board of directors? The ability to control other people? […]
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…………
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 what if there was a way to make it a little bit easier? Read […]
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 give off warning signs. There’s rumbling and venting going on. Disgruntled phone calls, rants at […]
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………..
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 that 11 homeowners and condominium associations in Las Vegas were defrauded of millions of dollars […]
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
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 into these types of situations, which is truly an ideal situation. Read more……..