Whether you’re happy about today’s Presidential Inauguration or not, one thing is for sure and for certain; it’s going to happen.  Since 1937, it has taken place at noon on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21.

That consistency is a lot more than we can say for our community associations.  How many of you have complained that our associations have not held an annual meeting or an election in forever, or at least not in the last year?  What about complaints that the Board of Directors has simply changed the dates of our annual meeting on more than one occasion and extended their term in office?

The terms of Board members expire at the annual meeting.  So when are you supposed to have an annual meeting and election?   The date of your annual meeting is contained within your bylaws.  But suppose the Board wants to have the annual meeting on another date for any variety of reasons?  Can they do so?  Not according to one court which held that the annual meeting must be held on the date contained in the association’s bylaws.  Not to do so would be as if an amendment was made to those bylaws without the proper vote of the unit owners.

And despite this ruling, dozens, if not hundreds or maybe even thousands of condominium and HOAs won’t hold their annual meeting and election this year on the date mandated by their own documents.

The last few years has also brought drama to the country regarding the requirements of outgoing administrations to turn over official records.  Trump got charged with a crime and Biden was found to have wrongfully retained official records but wasn’t charged with a crime. 

When it comes to condominiums, “An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.”  Surprisingly, there is no equivalent statute for HOAs, except if that director was removed by way of recall.

So today, pomp and circumstance and tradition will rule the day and like clockwork, one administration will hand off to the incoming administration.  And in our community associations, no doubt tradition is likely to continue as well.  Perhaps that’s a rare example of where the government works better than we think.