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NOW
THE REAL ELECTION SEASON KICKS IN
By
Eric Glazer, Esq.
Published November 10, 2014
So Tuesday has come and
gone. We can finally watch TV again without being told which
political candidate is the lesser of two evils during every
single commercial break. No more annoying pop up ads on the
internet begging for money or spam e-mails begging for your
vote. Election season is finally over. Unless of course you live
in an association where it’s about to start all over again.
Florida community
associations generally hold their elections in either January or
February. That means that the notices of the election are about
to be put in the mail, and if you live in a condominium, you
need to make your decision on whether or not to run for the
Board of Directors very soon.
Last week we blogged about
showing support for the political candidate of your choice by
displaying signs. I opined that the association should probably
not try to stop you from doing this, if the association allows
the posting of other signs throughout the year. The question
today is whether the association can prevent you from
campaigning for yourself or a neighbor in the association’s
upcoming election.
For condominiums, The
Florida Administrative Code provides:
Upon the timely request of a candidate as set
forth in this paragraph, the association shall include, with the
second notice of election, a copy of an information sheet which
may describe the candidate's background, education, and
qualifications as well as other factors deemed relevant by
the candidate.
Obviously, the statute gives the person
running for the Board the opportunity to campaign for themselves
and tell the world why when they are elected the the place will
be cleaner, friendlier and . how the assessments will magically
be reduced. However, notice the portion I highlighted. Without
fail, every year, a particular Board of Directors asks me to
give them an opinion that prevents someone from submitting a
candidate information sheet that criticizes the current
administration. I repeatedly have to tell them that if this is
information that is deemed relevant by the candidate,
and therefore, the information stays.
The next question is “Can the Board of
Directors officially endorse a candidate or candidates?” In a
condominium, they can, as long as they are not doing so on
association letterhead or in violation of the Florida
Administrative Code which provides:
The second notice and accompanying documents
shall not contain any communication by the board that endorses,
disapproves, or otherwise comments on any candidate.
So, Board members, with their own money and
resources, can send out mail to the members of the community
asking the community to support those persons who the board
endorses. So can any other unit owner for that matter. Again the
1st Amendment is alive and well in Florida
community associations.
I would love to tell you
these same laws apply in HOAs. However, the above provisions of
the Florida Administrative Code don’t apply to HOAs because HOAs
simply are not regulated by the Department of Business and
Professional Regulation (DBPR). This is why year after year we
hear the same complaints from HOA members who feel
disenfranchised at election time and uncertain where to turn
when there are irregularities in their annual elections. Next
week, we will remind everyone why it’s time for a change to the
election laws, or lack thereof in homeowner associations across
the state.
So let’s hear from you. Have you ever
received official endorsements of candidates from your Board of
Directors, written of the letterhead of the association? Have
you ever been told you can’t campaign for yourself or a friend?
Have you ever had signs ripped down or mysteriously blown away?
Have you caught people signing other people’s ballots or
otherwise engaging in election fraud? Or…..is your annual
meeting as friendly as a mah-jong or poker game? Can’t wait for
the answers.
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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 Associates, P.A. a seven eight
attorney law firm with offices in Fort Lauderdale, Orlando and
Naples.
The
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.
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 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
association members.
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