By
Eric Glazer, Esq.
Published
March 18, 2013
A
few months ago, I blogged about election season getting under
way. Now, it's time
to blog about the fact that election season is just about over
and the elected directors are settling into their positions on
the Board and as officers of the association.
So
what generally happens in the few months between the time when
the elections start and when the elections end?
Typically, I get calls and e-mails from people all around
the state with complaints about:
associations
not sending out notices of the annual meeting 60 days in
advance;
associations
not putting a candidate's name on the ballot;
the
ballot not listing the candidates in alphabetical order;
the
Board sending out endorsements of candidates on association
stationary;
voters
being improperly denied the right to vote;
directors
getting elected using staggered terms in condominiums;
certain
owners not getting their ballot in the mail;
ballot
tampering;
proxy
votes being counted in condominiums;
owners
allowing others to cast their ballot for them;
the
votes not being counted in front of the members of the
community;
and
so on, and so on, and so on……….
Needless
to say, plenty of you are hip to the fact that at least in
condominiums, there are strict procedures that need to be
followed in order to ensure a fair election.
If these procedures are not followed, unit owners in both
condominiums and HOA's have the right to challenge the election
results by filing a petition for arbitration with the Department
of Business and Professional Regulation.
However,
Jan will tell you later in the week that despite the right of
all of you to have fair elections and to challenge unfair and
improper results, there is a bill that is about to become law
which dramatically effects your right to challenge an improperly
conducted election
and also attempts to eradicate your
right to remove Board members through the recall process during
the first 60 days of their term.
So at a time when Jan and I are screaming in Tallahassee
about giving owners more rights and more protection, there is a
strong push back to do just the opposite.
I know…….what else is new?
So
how was this year's election in your community?
Calm or crazy? And
I certainly want you to tell us all why it's so important that
your right to challenge an unfair election through an arbitrator
or judge should never be tampered with by The Florida
Legislature. Not in
this country, not now, not ever.
