New HOA rules regarding elections took effect in July 2013, Glazer notes. In an HOA, as of July 1st, 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 ...
Q.Can an HOA issue a proxy/ballot for voting only in advance of an annual meeting for additions to the common areas? Proxies and absentee ballots are allowed in the bylaws for such issues (not elections) but no mention of voting only in advance by ballot. Shareholders have been asked to ...
Sometimes the rules governing proxies depend on the nature of the association. In Florida, for example, “When discussing proxies, it’s critical to distinguish between those used by condos and those used by HOAs,” stresses Keith F. Backer, a partner with Backer Aboud Poliakoff & Foelster, ...
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I have been calling for a secret ballot vote for election of officers since one of our board members will not be present for the election. She has sent in her secret ballot indicating her votes in a sealed envelope. The property manager is saying that her vote cannot count since the nomin...
in Naples, Florida. “The officers and the directors have to keep the interests of the association above their own. They’re a representative body responsible for administering the association in good faith. They have a duty to abide by any requirements set forth in their governing documents.”...
In Jordan’s experience – and he has served for many years – it wasn’t always that way. “Many years ago, the demographics were older for board members,” he recalls. “Committee involvement has gotten younger people involved. Last election we had nine people running for three positions,...
“The board has a duty to comply with the meeting and election requirements in their governing documents,” says Moriarty. “Therefore, a unit owner has the right to demand that the board conduct the meetings called for in the trust or the bylaws, and follow the election procedures set forth...
properly, as well as the potential for abuse that can result in a subversion of the electoral process. A better understanding of these issues as well as how and why proxies are used and the technical rules governing their issuance and solicitation will greatly benefit your building's election ...
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