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SO HOW ARE ELECTIONS GOING TO WORK?
By
Eric Glazer, Esq.
Published August 24, 2020
Unfortunately, it looks as if we will still need to social
distance when it’s time for our annual elections. So how do we
do this practically?
In a condominium, it’s much easier than an HOA to run the
election with social distancing because the procedures allow for
mail-in ballots. The association must still have an in person
“annual meeting” but it can be very small, with only a few
people showing up while everyone else tunes in to watch live on
their computer.
The votes can be counted by any volunteers in attendance, or the
ballots can be forwarded to counsel for the association, who,
with volunteers appointed by the board in advance, can count the
ballots at the attorney’s office --- and everyone can watch live
on their computer. It really is no big deal.
It’s more complicated in an HOA however, because typically HOAs
don’t follow the same election procedures that condos do.
Ballots are not mailed in. People must vote in person, after
nominations are taken from the floor. And, after nominations
are taken from the floor, parcel owners are then given a ballot
and asked to write in the names of the candidates of their
choice. How can nominations be taken from the floor if people
are afraid to go to “the floor?” How can we distribute paper
ballots to people who are logged on by the computer? The truth
is….we can’t.
So for HOAs who have real concerns that their election process
will be tainted because it’s impossible to comply with the
procedural election requirements of their bylaws, I have a
suggestion. AMEND YOUR BYLAWS AND DO IT NOW. I always
thought the HOA election process stinks and that the condo
statute is far superior. Well, now is a perfect time to
convince your community that if they want fair elections to
occur in their community and that will allow them to vote from
home during a pandemic, their docs need amending now.
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About
HOA & Condo Blog
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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
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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.
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