HOAleader.com provides practical advice on homeowner and condominium association management, laws, rules, insurance, finances, reserves, dues, liens, assessments, dispute resolution, and more.HOAleader.com provides practical advice on homeowner and condominium association management, laws, rules, insurance, finances, reserves, dues, liens, assessments, dispute resolution, and more.
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Home | HOA Elections

HOA Elections

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Fussing with Your HOA Election Can Risk Your Board's Integrity; Discussion Forum Follow Up
March 2014
An HOAleader.com reader asks, "I live in a 600-unit condominium in Dallas. Three of our five board positions are open for election, which is scheduled to close Jan. 30, 2014. A notice to submit nominations was posted in our weekly newsletter; only three people submitted their nomination for the three positions prior to the deadline. The current board is unhappy that we only have three nominees, so the board has cancelled the election eight days prior the election deadline, reopened the nomination for an additional week, and rescheduled the election two weeks later, February 15. Although a majority of owners have already voted, the board has voided the original ballots and has said everyone must vote again." . . . keep reading
Recent Trends in HOA State Laws: Colorado, Florida, Massachusetts, Michigan
March 2014
Here we continue our occasional series in which our experts tell us the HOA/condo legislative trends they're seeing--both proposed and actually passed--with an eye toward educating board members nationwide about changes they may encounter in their state soon. The latest changes include interesting developments in Colorado, Florida, Massachusetts, and Michigan. . . . keep reading
When to Remove an HOA Board Member From Office--But Not the Board
December 2013
An HOAleader.com reader asks, "[I'm c]urrently on a HOA board in Arizona, which is part of a large condo complex. Our current president has taken numerous actions that are not in the best interest of the owners. What is the proper procedure to remove the current president from that position and move him to strictly a board member role, knowing that he will most likely quit? (Big ego.) Here, we answer two questions: Is that typically how it's done: you remove a director from office--but not the HOA board--by a majority vote of the board? Also, that's a serious step to take. So when is removing a board member from office warranted, especially since you'll still have to work with that person on the board? . . . keep reading
Don't Get Caught in These Three Common HOA Lawsuits
November 30, 2013
In this week's tip, we reveal three of the most common reasons HOAs get slapped with lawsuits. . . . keep reading
The Top Seven Reasons HOAs Get Sued
November 2013
Smart HOA boards need to know the answers to two questions: What are the most common reasons associations get sued? And how do they head off those costly cases? Here are answers. . . . keep reading
Can Members Bring Their Lawyer to HOA Meetings?
October 2013
In May, a California court held in SB Liberty v. Isla Verde Association that HOA boards aren't required to allow owners' lawyers to speak, or even attend, homeowner association meetings. Here we discuss the case and broader questions like: Is there ever a need for owners to have their own lawyer attend an HOA meeting? Should you let such a participant speak? Can you ask the lawyer to leave? What happens if the lawyer tries to hijack the meeting? . . . keep reading
California Court Reinforces Law Requiring HOAs to Give Dissidents Equal Time
September 14, 2013
In this week's tip, we discuss a recent California appellate court ruling that offers lessons for HOAs throughout the country. . . . keep reading
California Court Interprets Broadly Law Requiring Equal Access to HOA Board Opponents
September 2013
In June, a California court held in Wittenberg v. Beachwalk Homeowners Association that an HOA election can be invalidated if a board fails to follow the state law requiring that it give its opponents equal access to media, like websites and e-newsletters, and common areas. Here we explain the California case and discuss what associations in other states should take away from it. . . . keep reading
Residency Requirements for Your HOA Board of Directors, Pros and Cons
July 2013
In some states, it's possible for homeowners associations to restrict board eligibility to residents of the community, thereby prohibiting nonresident owners from serving. Here we discuss the practical pros and cons. . . . keep reading
Legal Update: Trends in State HOA Laws
July 2013
Some state capitals are humming with condo/HOA legislative activity. Others are silent as church mice. Even if your state legislature seems to have been lying low, it's important to keep up on proposed and passed legislation in other states because what happens in one state often spreads to others. Here's a rundown of noteworthy legislative activity in several states. . . . keep reading
HOA Boards: Investors Need Not Apply?
July 19, 2013
In this week's tip, we broach the touchy topic of restricting board membership to association residents. Some states permit associations to require board members to be community residents. Florida, however, probably isn't one of those states, though it's not completely clear. . . . keep reading
HOA Elections: What To Do in a Tie Vote
May 24, 2013
In this week's tip, we untangle how to proceed when an election ends up in a tie."We have a very specific election process for condominium and cooperative associations in Florida," says Lisa A. Magill, a shareholder and association attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla. "We also have a governmental agency (the Division of Florida Condominiums, Timeshares and Mobile Homes) that has the authority to govern over election disputes for condos, co-ops, and HOAs." . . . keep reading
What Happens If Your HOA Election Ends In a Tie?
May 2013
An HOAleader.com reader asks, "At our annual meeting we had a tie. We were voting for three directors to fill the board vacancies, and two candidates received the most votes, but there was a tie between two candidates for the third seat. How is that settled?" Here we discuss the general issue of how to handle a tie vote. We also address who has the authority to invalidate a ballot. . . . keep reading
Four Thoughts on Modifying Bylaws and Board Term Limits; Discussion Forum Follow-up
May 2013
An HOAleader.com reader asks, "Our bylaws state that we need to have elections every two years. We have four seats on odd years and three seats on even years at two-year terms. We have a very hard time getting anyone to run for the board. I saw a comment in here regarding that issue of how so many HOAs have that problem and how they are changing the term of office limits. My main question is, Can we as a board amend or restate our bylaw pertaining to the term of office without having to get a membership vote? . . . keep reading
When You Can -- and Can't -- Extend Your HOA's Vote Deadline
May 2013
An HOAleader.com reader asks, "Extending voting AFTER the deadline has come and gone--that's what's happening here on an important CC&R amendment the board wants to see pass. A week or more after the deadline, without sufficient votes, they've extended the voting, and I want to know if this is LEGAL. I'd also like to know if it violates fiduciary responsibility to all homeowners, since I believe that it unfairly favors those in favor of such an effort." . . . keep reading
No Quorum for Meeting to Elect a Board: Give Up? And Can the Prior Board Carry On?
May 2013
An HOAleader.com reader asks, "The CC&Rs say 51% for a quorum. If no quorum, quorum requirements drop to 25% for the adjourned annual meeting. My question is if a first adjourned meeting has to be called because the 25% quorum requirements were not met, and the second adjourned meeting also fails to meet the 25% quorum, what then? Does the sitting board just continue into the next term? When does the board declare failure to meet quorum requirements and end the torture?" . . . keep reading
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