So we’re now in that time of year where the first notices of the annual election must go out for the association, whether or not you are a condominium association or a homeowners association.

Let’s talk about things that the association is supposed to do and things that can go wrong.  At least in a condo, the first notice has to be mailed out at least 60 days before the election asking for potential candidates.  In an HOA, some of you ask for candidates and some of you only take nominations from the floor at the annual meeting.

The following things can go wrong just with the first notice: it went out too late, it did not include a notice of intent to be a candidate, it contained the wrong dates that the notices must be received, it had the wrong location for the annual meeting, it indicated the wrong number of director seats that will be up for election, and there are more.

Let’s assume the Notices of Intent are received, some by mail, some by fax, some by e-mail, some by hand-delivery?  Are all of them valid?  What about if the office is closed on Friday, but the notice is slipped under the door on a weekend where Saturday or Sunday is the deadline?  What happens if the candidates timely send in an information sheet about themselves but the association fails to include it in the second mailing?  Suppose the information sheet is more than one page?  Front and back of one page?  In a language other than English?

Now let’s talk about the second mailing.  Suppose that is sent out only 13 days before the annual meeting in a condo?  Suppose the ballot does not properly list the candidates in alphabetical order?  Can the ballot simply show who the current Board members are?  Suppose there is a failure to include a “Ballot Only” envelope and the owners just send their ballot back in one envelope that is signed?  Suppose the outer envelope is not signed?  What about voting certificates?  Do we have to use them?  Suppose we didn’t use them in the last election?  Do we need them even for husbands and wives?  What about same sex marriages?  What about allowing for voting by electronic means?

Managers, please know that I appreciate all of the hard work and devotion you put into the communities that you manage.  Many of you treat your communities better than you treat your own home.  But…………here is the thing……………..you need help from the association’s attorney before sending out the first notice of the meeting, and second notice of the annual meeting with all of its contents.  It can get complicated and four eyes are better than two.

Especially in large communities, just running the election is a very expensive and complicated process.  The questions above don’t contemplate all of the things that can go wrong.  So……..Board members……………don’t try to save money on this one!  Your manager and attorney must work hand in hand when preparing for the annual meeting.  Cheap can wind up being very very expensive if you have to do the election a second time.  Next week we will talk about the potential problems of the actual election night.