HOA Elections

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What Election Records Can Owners See After the Election
March 2015
An HOAleader.com reader asks, "Tabulating the election was performed by a recently hired employee [at our Florida association] . . . Some members asked if they could view the tabulation. Denied. Candidate now wants to view ballots . . . President of board says, 'That could create a problem, and you're not entitled.'" keep reading

Does an HOA's One-Vote-Per-Unit Rule Apply to Married Board Members?
March 2015
An HOAleader.com reader asks, "My husband and I own a townhouse in a development of 56 units. Our board was down to one [person], and we are now both on the board trying to get it together. We now have five members consisting of two couples and one single board member. The question has come up since we only have one vote for one unit, can we each have one vote as a board member, or do we together only get one vote as we vote on board issues?" keep reading

Our HOA Board Appointed the Wrong Person. Can We Start Again?
February 27, 2015
In this week's tip, we answer a reader's question about whether a board that appointed a new member--and sorely regrets it--can dis-appoint that member. "The simple answer is no," says Bob Kmiecik, a partner at Kaman & Cusimano LLC, which represents associations throughout Ohio. keep reading

HOA Board Wants a Do-Over: Can It Rescind a Board Appointment?
February 2015
An HOAleader.com reader asks, "Our five-person HOA board comprises four cooperative members and one individual who thrives on conflict and aggressive one-on-one sessions of argumentative, vicious confrontation. She is a past president who has been responsible for driving other officers into vacating their positions in retreat, including one past president, our secretary, and others in her wake. How can she be removed from her position on the board so we can enjoy functioning as a cooperative unit? I should add that she is an appointed member of the board who was brought back after she quit her presidency in a fit of rage during one of her 'discussions.'" keep reading

Who's Responsible for an HOA's Poorly Designed Drainage System?
February 2015
An HOAleader.com reader writes, "I live in a PUD, and my home is the lowest lot on the street of our association, consisting of 26 homes and 4 townhouses. These homes were built 15 years ago before our city implemented city storm-water management guidelines; therefore, the builders didn't have any guidelines regarding downspouts and water runoff. keep reading

Owners Ready to Serve, But HOA Board Refuses to Fill Vacancies
January 16, 2015
A HOAleader.com reader asks if it's OK for his fellow board members to refuse to appoint two ready and willing owners to fill vacancies on the board. In this week's tip, we tackle whether that may be a breach of a board member's fiduciary duty. keep reading

HOA Board Declines to Fill Vacancies: A Breach of Fiduciary Duty?
January 2015
An HOAleader.com reader writes, "In our condominium with an allotted number of five board members, we have only three--one of whom is me, a recently-elected member--following the recent resignation of our treasurer and our president and our management company dropping us. keep reading

Emergency Situation: Only One HOA Board Member Remains
December 26, 2014
In this week's tip, we deliver a rapid response to a reader who's the last person standing on an association board. What can a lonely board member do to get others to serve--and fast? The easiest thing--and we use that term advisedly--is for our sole remaining board member to appoint a fellow board member, and then for the two of them to appoint another, and so on. (Of course, first he has to convince them to serve, but we're assuming he's got some sympathetic neighbors who are willing to step up.) keep reading

Solo Board Member Needs Immediate Help: Can This Situation be Fixed?
December 2014
An HOAleader.com reader writes, "Our association has struggled for years to get members to volunteer for the board or for that matter anything else. We began one year ago with the five members that are required for the board. Since that time, one by one they have either quit, moved, or given up and walked away disgusted with the amount of work that's needed and the abuse and disrespect of the members of the community. keep reading

HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association HOA Elections: A Step-by-Step Guide to Plan, Properly Notice, and Execute Successful Elections at Your Homeowner Association
On-Demand Webinar
Watch this in-depth on-demand webinar led by two community association lawyers who've devoted their extensive--and impressive--careers to solving the challenges HOAs face every day. You'll log out of the webinar with valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious. keep reading

Update: Has Florida Law Changed for When Nobody Runs for Office?
July 2014
In a September 2012 HOAleader.com article, we discussed state laws and offered tips for proceeding when nobody runs for the board. One of our Florida experts noted that under Florida laws governing HOAs, the problem solves itself because board members serve until their replacement is selected. keep reading

Ferocious Recall Fight Fractures HOA: What Can You Learn?
June 6, 2014
In this week's tip, we tell the tale of a recall battle at the 396-unit Palm Harbor, Fla., condo association called Tuscany at Innisbrook. It's led to the resignations of three board members, counter-accusations against the leaders of the recall, and damage to the reputation of a 30-year community association veteran. keep reading

Recalls, Part II: What Can You Learn from this HOA's Bitter Recall Fight?
June 2014
This is the second in a two-part series on what you can learn from board recall fights. In this article, we discuss a risky conflict of interest and how to distinguish between the two types of recall battles. The first lesson of the Tuscany at Innisbrook recall ruckus is one even Michael Perez, CEO of Ameri-Tech Community Management, which manages 25,000 units in the Tampa Bay area, and former president of the Tuscany board, agrees with. Our experts, though not commenting on the specifics of the Tuscany situation, say it's unwise for management companies to open themselves up to claims of conflicts of interest by allowing their employees to sit on the board of an association they manage. keep reading

Recalls, Part I: What Can You Learn from this HOA's Bitter Recall Fight?
June 2014
This is the first in a two-part series on what you can learn from board recall fights. In this article, we discuss the basic allegations against and response from a board president in Florida who recently faced a recall drive. If you want a sense of how nasty and divisive board recalls can be, look no further than Palm Harbor, Fla. In a 396-unit condo association called Tuscany at Innisbrook, a recall battle exploded, even featuring dueling Facebook pages, one advocating for recall and the other supporting the board. On April 27, 2014, a majority of owners claims to have voted to serve recall notice on several board members. keep reading

Colorado HOA Residents Have Beefs; You and Your HOA Board Should Listen Up
April 25, 2014
In this week's tip, we explain how complaints by Colorado lessons can be very instructive for your board to keep in mind. There are 8,857 HOAs in Colorado, which includes condos and co-ops, totaling 880,326 units, according to the 2013 Annual Report from the Colorado HOA Information and Resource Center, the Colorado state agency that serves as a resource for residents of community associations. In 2013, it received 1,248 complaints from 327 different complainants via mail, phone, email, its website and in person. keep reading

What You Can Learn from Homeowner Complaints About HOAs in Colorado What You Can Learn from Homeowner Complaints About HOAs in Colorado
April 2014
Problematic communication between HOAs and homeowners was the most common type of complaint reported to the Colorado state agency that serves as a resource for residents of community associations, according to the 2013 Annual Report from the Colorado HOA Information and Resource Center. Many homeowners said they weren't being kept informed about their HOA, and their complaints included not receiving notices of HOA board meetings. keep reading

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