|
SOME REAL QUICK PRE-ELECTION TIPS
By
Eric Glazer, Esq.
Published November 11, 2019
Here we go……We are headed into election season. It’s a little
harder to run an election in a condo than in an HOA, but let’s
give some tips to both types of communities.
For a Condo
If your condo docs call for a range of directors, for example no
less than x or no more than y, the number is automatically 5.
That first notice must go out at least 60 days in advance of the
annual meeting, by mail, hand delivery or electronically
transmitted.
You must hold your annual meeting on the date contained in the
bylaws. The courts have held that to have it on a different
date requires an amendment to the governing documents.
The annual meeting is a unit owners meeting and not a board
meeting. You do not need a quorum of board members in
attendance at the annual meeting. In fact, the Board does not
have to show up if it doesn’t want to.
Persons running for the Board can require the association to
send to the owners an information sheet containing the
candidate’s Background, Education and Qualifications.
Unlike an HOA, owners cannot vote by proxy.
For an HOA
The process is overwhelmingly dictated by your governing
documents.
If the election process allows candidates to be nominated in
advance of the meeting, the association is not required to allow
nominations at the meeting. An election is not required unless
more candidates are nominated than vacancies exist and such
qualified candidates shall commence service on the board of
directors, regardless of whether a quorum is attained at the
annual meeting. This is a big change to HOA law.
Proxy voting is allowed.
For Both Condos and HOAs:
Of course……….board members must get certified within 90 days of
getting on the Board….or they are off the board. Come get
certified at our popular Condo Craze Board Member Certification
Class. We’ve certified about 20,000 directors all across the
state. The next one is December 5th, 2019 at Dave
and Busters in Hollywood. To register go to:
www.condocrazeandhoas.com.
Next week, we will discuss reasons why votes can and cannot be
disregarded and how to run a smooth annual meeting.
|
|
About
HOA & Condo Blog
 |
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
|
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.
|
