SOME REAL QUICK PRE-ELECTION TIPS

By Eric Glazer, Esq.

Published November 11, 2019

 

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.


HTML Comment Box is loading comments...

 

 

About HOA & Condo Blog

Eric Glazer Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.


Join Our CondoCraze & HOAs Email List
Email:  
For Email Marketing you can trust