Here we go……We are headed into election season. It’s a little harder to run an election in a condo than in an HOA, but let’s give some tips to both types of communities.
For a Condo
If your condo docs call for a range of directors, for example no less than x or no more than y, the number is automatically 5.
That first notice must go out at least 60 days in advance of the annual meeting, by mail, hand delivery or electronically transmitted.
You must hold your annual meeting on the date contained in the bylaws. The courts have held that to have it on a different date requires an amendment to the governing documents.
The annual meeting is a unit owners meeting and not a board meeting. You do not need a quorum of board members in attendance at the annual meeting. In fact, the Board does not have to show up if it doesn’t want to.
Persons running for the Board can require the association to send to the owners an information sheet containing the candidate’s Background, Education and Qualifications.
Unlike an HOA, owners cannot vote by proxy.
For an HOA
The process is overwhelmingly dictated by your governing documents.
If the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. This is a big change to HOA law.
Proxy voting is allowed.
For Both Condos and HOAs:
Of course……….board members must get certified within 90 days of getting on the Board….or they are off the board. Come get certified at our popular Condo Craze Board Member Certification Class. We’ve certified about 20,000 directors all across the state. The next one is December 5th, 2019 at Dave and Busters in Hollywood. To register go to: www.condocrazeandhoas.com.
Next week, we will discuss reasons why votes can and cannot be disregarded and how to run a smooth annual meeting.
