HOA Elections

HOA Elections

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Recent Trends in HOA State Laws
March 2016
Here we continue our occasional series in which we highlight HOA/condo legislative trends--both proposed and actually passed--with an eye toward educating board members nationwide about changes they may encounter in their state soon. keep reading

HOA Board Member is a Felon and Ineligible to Serve. What Now?
February 2016
An HOAleader.com reader asks: "We've discovered that the president has a felony conviction on his record. In Texas, the code governing qualifications seems clear that : '(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.' keep reading

HOA Board Member Disqualified: What Happens to Actions He Participated In?
November 2015
An HOAleader.com reader asks, "Our president of our HOA in Florida was not certified [as required by state law] for two years of his being on the board. According to our governing documents, if a director hasn't become certified within 90 days of his being elected, he's suspended from the board until he gets certified. Does that mean all prior actions with his involvement aren't legally binding until he gets certified? Has this issue ever been challenged in court?" Here are answers. keep reading

Rogue HOA Board Members Hit with Sanction; Say What?
October 16, 2015
In this week's tip, we answer a reader's question about how to handle rogue board members who've tried to get paid for volunteer work, slipped in erroneous bills, harassed owners, towed cars without cause, and even tried to bill the HOA $150,000 for a project owners didn't want. Other board members have sanctioned the rogue members. What's that mean? Can you do it, too? Do you have other options? keep reading

Board Member is Sanctioned. What Does That Mean?
October 2015
An HOAleader.com reader writes, "We have a 520-unit condo. We have had a husband and wife on the board for over 10 years. They broke every rule and even some laws.... The husband keeps trying to get paid for his volunteer work and tried to slip in an erroneous bill to get paid. We don't know, without doing a forensic accounting, if they've done anything illegal or have conflicts of interest. All we know is that they harass the homeowners, have towed cars without any cause, and have even tried to bill us for over $150,000 on a project we didn't want. keep reading

Know How Far to Stretch Your HOA Manager
July 24, 2015
In this week's tip, we begin analyzing a recent Florida Supreme court's advisory opinion in an effort to help you understand the line between what your manager can do and what you're better off turning to your attorney to handle. keep reading

What HOA Managers Can and Can't Do, Says Florida Supreme Court
July 2015
How close to the giving-legal-advice line can managers get without improperly veering into the practice of law? In May, the Florida Supreme Court answered that question in an advisory opinion. It spells out the activities community association managers (CAMs) can and can't perform without improperly practicing law without a license. Here we offer highlights, along with an analysis from one of our Florida experts. We also discuss what boards in other states need to know. keep reading

HOA Accused of Throttling Speech
July 2015
The board at the Tiber Island Cooperative Homes in Washington, D.C., passed a rule restricting owners' speech rights after dissenters began challenging the board. A shareholder, John Jordon, opposed the change and is now publicizing the issue--including getting the ACLU involved and writing about it in a Washington Post article. Here we discuss what happened and offer tips to protect speech while also providing a reasonable way for owners to offer feedback. keep reading

New HOA Board Members? Here's How to Run a Successful Board Orientation
On-Demand Webinar
Want your condo or homeowner association board to operate effectively, no matter how many members come and go over time? It's not a pipe dream. It's an achievable reality if you create and implement a new-board orientation to help just-elected or just-appointed members hit the ground running. Watch this on-demand webinar to hear from two experienced community association lawyers everything you need to know to craft an effective and timeless new-board orientation program. keep reading

HOA Elections: A Guide to Managing the Election Process at Condo and Homeowner Associations HOA Elections: A Guide to Managing the Election Process at Condo and Homeowner Associations
In this report you'll discover tips from our editorial team and experts on HOA governance and management from across the country on how to plan, properly notice, and execute an HOA election. These are tips you can begin implementing immediately to make your elections run more smoothly and withstand challenges from disgruntled homeowners.  keep reading

How to Create a New-Owner Orientation Program for Your HOA How to Create a New-Owner Orientation Program for Your HOA
On-Demand Webinar
Watch this on-demand webinar to find out how to create a new-owner orientation program at your homeowner or condo association -- lead by a knowledgeable community association manager and an experienced community association lawyer. keep reading

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

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