TALE OF TWO ELECTIONS
Eric Glazer, Esq.
Published November 17, 2014
is a story about John and Jane.
John lives in a condominium in
and Jane lines in an H.O.A. in
. Election season is
approaching quickly in both of their communities.
While it may seem at first glance that all things are
equal…….that is certainly not the case.
election in John’s condominium runs relatively smooth from
year to year. The
manager sends out a notice at least 60 days before the election
asking everyone if they would like to run for the Board.
The unit owners must respond in writing.
They can even choose to submit a resume about themselves.
The manager then prepares the ballots and they get mailed
to everyone in the community.
On the night of the election, the signatures of the
voters are verified, the votes are counted, and as long as 20%
of the eligible voters participated,
the new Board members
assume their new roles.
A relatively painless process.
on the other hand, has no idea who is running for the Board of
Directors in her community.
In fact, she probably won’t know until the night of the
election. All she
does know is that people are knocking on her doors asking for
her proxy if she won’t be able to make it on the night of the
election meeting. John
doesn’t have to worry about his neighbors wanting his proxy.
In a condo, you can’t vote by proxy anyway.
The truth is….Jane has even tried to get on the Board
she had the backing of a bunch of people in the community, the
annual election didn’t even happen two years ago because 30%
of the owners (a quorum) did not show up for the meeting.
So yet again, for what seemed like the hundredth year in
a row, the same Board of Directors rolled over for another year.
Jane is convinced that this just makes the owners even
more apathetic to get involved.
She does remember a time when enough people showed up to
have an election. It
was a fiasco and took forever.
People were being nominated from the floor.
Others came in carrying dozens of proxies and got to vote
for their neighbors, ballots were being exchanged for the
proxies, voting took place at the meeting instead of in advance
of the meeting and fighting and screaming raged on and on into
the wee hours.
get me wrong, two years ago 15% of the owners in John’s
condominium didn’t trust the process and wanted a third party
to administer their election.
They got together and signed a petition asking the
Florida Condominium Ombudsman’s Office to administer the
election. They did,
and ran the election without a hitch.
Of course Jane lives in an HOA, so she can’t get the
help of an independent Ombudsman to assist in her election.
is thinking about moving to a condominium, where she hopes to
serve as President one day.
She’s deciding to first wait and see if the legislation
proposed by Cyber Citizens for Justice gets passed this
legislative session that requires HOAs to adopt the condominium
election process. She’s
urging everyone to support it and to visit www.hoareformbill.net
for more information.
HOA members ….what do you think?
Are you happy with the election procedures in your HOA?
Or…would you like to see the HOA laws amended to
duplicate the voting process in condominiums and even allow for
HOA & Condo Blog
Glazer graduated from the University of Miami School of
Law in 1992 after receiving a B.A. from NYU. He has
law for more than 2
and is the owner of Glazer and Associates, P.A. a seven eight
attorney law firm with offices in Fort Lauderdale, Orlando and
firm also has satellite offices in Tampa and Fort Myers.
Since 2009, Eric has been the host of Condo Craze and
HOAs, a weekly one hour radio show on 850 WFTL.
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 8,000 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