In addition to these, there may be a need to monitor parking or pets, prepare newsletters or supervise maintenance or … If nothing else the situation will be a huge hassle that could have been easily avoided by following the proper steps. "The interim president would be whomever the board votes as the president. That is the flexibility provided through cumulative voting. Hello and welcome to our blog. A1-E. No. How are the positions assigned to each board member assigned? If cumulative voting is not allowed, each owner must cast a single vote for three different candidates. This means that the sales contract between the buyer and seller may specify that the seller will retain all condo rights (voting, etc) until the title has been transferred. The position of a condo board president is not for everyone; the responsibilities and accountability are immense, but fortunately, a president has a condo board for support. The seller delivers the deed and legal ownership is transferred to the buyer once the final payment is made. Q15. Many boards have all positions open for re-election each year. The use of a proxy can also be disallowed by a rule, but the rule must provide specific alternatives as detailed next. Q6. If there are two open board positions, each unit owner has two total votes. There are several benefits to having potential Board members complete an application to join the Board, including: Otherwise the owner must trust the proxy to make decisions on their behalf. For Ballot #6, we find that Unit 4 carries a vote worth 12 points. No matter how ugly your HOA thinks your space-gray satellite dish is, the board members can't force you to take it down. Determining which unit owners wish to (or are willing to) be on the board can either take place during the meeting or beforehand. (Presumably 6) Using this method I will simply go through each ballot and keep a tally sheet of the number of “points” earned by each of our two candidates. As you will quickly see, the process is the same even if there are multiple open board positions, cumulative voting, or hundreds of units that are voting. On my tally sheet I mark down “+31” next to Stan’s name. Can an association use secret ballots? The downside to this approach is that since the candidates are not known until the time of the meeting, it is impossible for an owner who is unable to attend the meeting to cast their vote in advance. This article is part of an ongoing series in which we'll take your questions from the HOAleader.com discussion forum and get you the answers you need from experts who specialize in association management. For Ballot #5, we find that Unit 1 carries a vote worth 8 points. You should mail notices to the most current address that you have on file for the owner. In short, this rule would outlaw the use of a proxy, but allow owners to submit a completed ballot via mail. Or maybe you have to throw out a bum officer. In such cases each unit owner has one vote per open seat as detailed earlier in this document. A ballot is simply a tool given to a unit owner to document his or her vote(s). According to the IL Condominium Property Act the buyer can vote and participate on the board as long as 1) he or she resides in the unit, and 2) the sales contract does not prohibit this. It’s similar to being the CEO of a company. Adapted from the Field Guide to Developing and Operating Your Nonprofit Board of Directors.Also see Carter's Board Blog (for for-profits and nonprofits).. Benefits of Using Board Applications. We find that even though Bob received votes from four owners he still did not win. Q19. Q20. Of course, there may be other areas of Board responsibility depending upon the community, but these are the essential five positions on a typical condominium Board. Building Maintenance Monitor. A6. . Q1-H. What happens if the board does not follow one or more of these rules? "In this case, where you have the president and vice president resign, I think you have to redistribute those officer positons among remaining board members," she says. How do we determine the number of board members that we should have? How do we determine the number of board members that we should have? In the realm of condo association elections, a proxy is a form that allows unit owners that are unable to attend the annual election meeting to send another trusted person to vote in their place. As part of their responsibilities, directors must: 1. track your condominium’s financial performance. For example, an owner may decide to cast two votes for Jimmy and one vote for Molly. (Meaning, look in your Bylaws). This is the minimum pursuant to the Condominium Act. The IL Condominium Property Act is still antiquated with regards to technology and makes no mention of email or other electronic communications. A10. A17. That stated, we highly recommend that you take the time to follow these steps to avoid any potential headaches. So look at the language in the statue and the governing documents as to vacancies.". To me, to use the term interim is kind of silly.". If a candidate requests a list of all owners so that he or she can lobby for their votes, must the Board provide this information? If a husband and wife own two units within the same association, however, they could both be elected to the board since they represent more than one unit. Under this rule owners may submit their ballot, 1) in person at the meeting, or 2) by delivering the ballot in advance of the meeting by mail or other means of delivery defined in the rule itself. No. Another owner may elect to cast all three of his votes for Jimmy. This decision will affect the options available related to proxies, which will be reviewed later in this document. When counting votes I find it easiest to turn each owner’s vote into “points” based upon their percentage of ownership. A board member can combine two functions. Helping condominium board members run a successful community. The board may provide unit owners with biographical and background information about the eligible candidates, but they must follow three rules: A7. The ballots must include the names of all candidates. You must refer to your association’s bylaws to determine if cumulative voting is allowed at your association, but it is most often permissible in our experience. Or it's considered stepping on toes to appoint someone out of the blue. I will now mark down “+8” next to Bob’s name. If cumulative voting is not allowed, each owner must cast a single vote for three different candidates. Unless the association is using secret ballots (reviewed in the next question) a typical ballot will require the owner to provide their name, unit information (to determine percentage of ownership) and their vote(s). To serve on a condominium Board, a person must meet five requirements: 1. (via a proxy) The upside of this approach is that it takes a minimum amount of coordination. At minimum, a condo corporation must have two officers: a president and corporate secretary. What are the two methods available for the list of candidates to be gathered? Best Practices for Getting Your Homeowners Association through Difficult Economic Times, When You Can Serve In More Than One Condo/HOA Officer Position--And Why You Should Avoid It, When to Remove an HOA Board Member From Office--But Not the Board, HOA Leadership Roles and Duties: A Guide to the Positions of President, Vice President, Secretary, Treasurer, and Board Member in Condo and Homeowners Associations, • Owner Actually Speaking At A Regular Board Meeting, • Dispute Resolution re: fraud used to obtain a hand, • Approving Minutes by email before the next meeting, • Reserve Study & Management Company but new BOD. Yes, we should probably appoint three people to serve in the interim. If a ballot has all three votes applied towards Stan, for example, we will figure out how much each of the owner’s votes are worth by checking the percentage of ownership chart for the unit. In the association’s declaration document you will find a list or table documenting the units within the association and the percentage of ownership allocated to each. The list of final candidates can then be sent to unit owners along with the meeting notice and proxy form. If there are multiple owners of a unit, how do they vote? In order to make this rule work the Board needs to jump through a few hoops from a process perspective. Powers and Duties The condo development is governed by a master deed and bylaws that establish the rules and regulations -- called covenants, conditions and restrictions -- that govern unit owners' use of … Q5. This situation forces the condo to accept any owner just to prevent going into receivership. What information about the candidates can be provided to the unit owners, if any, to assist them in evaluating the options? Read on to learn more about the role of the HOA board president. Normal meeting minutes from board meetings must be maintained for 7 years. Based on this resume, the board will determine whether you are qualified for nomination and whether you will be an asset to the board. CondoCPA is a full service tax, accounting, attest and business consulting firm for the Community Association industry. (12 +12 + 12) We then move on to the next ballot. No problem. Can emails be sent as a replacement for mailed notices? How do you determine the number of board positions that are “open” and need to be filled? If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? A1-D. No. If there are more than one owner of a unit can both of them be on the board at the same time? You must have at least 3 board members; a President, Secretary and Treasurer. Directors are elected by the condominium owners to govern the condominium association; whereas, Officers are elected by the Board of Directors to perform special functions for the Association. The Act is specific that only one of the parties can participate at any time. If it would cause cost, then don't fill them. Hello, cheap cable! If there are multiple owners of a unit, how do they vote? Q3. Specifically, the vote is based on the percentage of ownership within the association that the unit represents. Related to the casting of votes the IL Condominium Property Act states that when there is more than one owner of a unit, if only one of the owners is present at a meeting, he or she is entitled to cast all the votes allocated to that unit. The percentage of ownership associated with each unit can usually be found in the association’s declaration document. "Owners can sometimes think that's no good. This is usually accomplished by notifying owners that all candidates need to notify the board by a certain deadline if they wish to be listed on the official candidates list. If cumulative voting is allowed, an owner may elect to pool his or her votes and apply some or all of them to a single candidate. Q2. This is in contrast to a traditional board meeting where the members of the board meet to conduct their normal business. Thankfully there is no requirement to track the notices being mailed. "When I think of the term interim, I think of officer positions," says Alessandra Stivelman, a partner who specializes in community association law at Eisinger Brown Lewis Frankel & Chaiet in Hollywood, Fla. "Those can change. The ballots and a meeting notices must be mailed out 10 – 30 days before the date of the election. Because a resume for nomination to a board is different from a job application, you can keep your resume short … With membership comes certain maintenance obligations, financial responsibilities, and a commitment to abide by use restrictions and other rules of the associati… "I've seen where a community will chafe at the notion of an existing board appointing someone even for a short period of time," recalls Peacock. If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? Filling vacancies can be tricky business. (This would be a rule in the association’s Rules & Regulations). I will now mark down “+18” next to Bob’s name. Our experts differ somewhat on what it means when a position is called an interim one. At what meeting does the election of board members occur? Traditional US Postal mail will meet the requirement. Basically, this is having someone else show up and vote on your behalf. Yet another owner may decide to cast one vote for Jimmy, one vote for Molly and one vote for Susan. Ballot 4: Unit 3, Vote = Bob Yes. Sign up
(K.S., via e-mail) A: Unless prohibited by the condominium documents, yes. The burden lies with the unit owners to keep the Board updated with any off-site mailing addresses. The proxy form, provided by the Board, is completed by the unit owner and defines the person authorized to attend the meeting in their stead. Others use 2-year terms with staggered start dates. The Board may require evidence of the contract showing that these powers have been transferred to the buyer. Installment contracts are an alternative to traditional mortgage financing and is most typically offered to buyers that cannot obtain a traditional home loan. When the contract is signed the buyer immediately takes possession of the condo and can move in, but the seller retains legal title to the property until the buyer pays the full purchase price. "I have that situation with a condo now. This deadline can be no more than 7 days before the ballots are mailed to the unit owners. Can this person be on the board? Q21. What notices, if any, must be sent to the unit owners related to this meeting? It would be my pleasure to help! A15. This may be the governance committee, a board development committee, or both of them combined. If “nominations are taken from the floor” then eligible candidates will be discovered at the beginning of the meeting. Board members who refer candidates should be clear that if they are offered a nomination that they are being hired to take a job. Let’s assume that there is one open board position for this association’s election with two candidates, Bob and Stan. What is cumulative voting? . If there are two open board positions how many votes does each unit owner have? If you have a question you need answered, post it on the message board. What notices, if any, should be sent to the unit owners after elections occur? A11. Or can we just wait until after the elections when new officers are assigned?" Just when the members are doing what they’re supposed to do and everybody is getting along, an officer resigns for some personal reason. Be mentally competent. "I think that, generally, it's best to have seats filled," says Peacock. In every sense, the association president serves as the face of the operation. Notices making unit owners aware of the meeting must be sent 10 to 30 days before the meeting. Must this board act? As always, if you have questions that were not answered please feel free to email us at firstname.lastname@example.org. "Some documents say that if there's a vacancy, remaining board members, whether they're a quorum or not, need to or shall appoint people to fill those positions. The number of winners is determined by the number of open board positions. Mailed letters are still required. "Florida statute says that when there's a vacancy on a board, the majority of the board may appoint someone or the community can do an election," according to Stivelman. For Ballot #4, we find that Unit 3 carries a vote worth 8 points. The board is typically elected, and then the directors choose among themselves who the officers will be. From a practical perspective there is little difference between the types of meetings outside of the notices that must be provided to unit owners in advance of the meeting. What information about the candidates can be provided to the unit owners, if any, to assist them in evaluating the options? Q11. For instance, if the board has three open positions, each unit owner has three votes. "I think it's a made-up term, not a statutory thing," says Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who has specialized in community association law for 19 years. A1-F. No. For Ballot #2, we find that Unit 6 carries a vote worth 23 points. Although each association is different, the HOA president duties and responsibilities remain largely the same. The board must not express a preference in favor of any candidate. Q8. Q1-F. Can we post a notice in a common area instead of mailing notices? At what meeting does the election of board members occur? Q10. A2. This only applies if more than one board position is open. (Unit owners are also allowed to attend normal board meetings). For example, if owners weren’t properly notified then the election itself was invalid and it may be argued that the new board members are not official. A3. A21. "In that case, board members would step up to be whatever officers. Cumulative voting refers to the ability of a unit owner to “pool” his or her votes together when casting their votes. What Does the HOA Board President Do? This means that if you have a 3-member board, at least one spot must be open each year. Plan the interview with the goal of actively engaging the candidate in the interview process. "So an interim position is a misnomer," asserts Gilbert. Whether you are the President or an At Large member of the board, your vote is counted the same. Connected Property Management3047 N. Lincoln Ave #400, Chicago, IL, 60657, P: 773.913.2569F: 773.913.2579E: email@example.com. (Corp.Code § 7224.) Watch our video testimonials to learn about their experiences with Connected. (Remember, however, that all votes are not weighted equal). The main office is in Elmhurst Illinois. Feel free to email me with any questions that you may have. The use of a proxy is allowed unless it is prohibited in the association’s Articles of Incorporation or bylaws. The key with multiple open positions is to remember that each owner will have one vote for each open position. This is discussed in the following questions. What information should be collected from the unit owner on the ballot? Must notices be sent via certified mail with tracking? I hope that the information being shared makes the lives of my fellow board members in Chicago a bit easier. Since adopting a new budget typically means an increase to the monthly assessment requirements of your owners, the change can often be met with resistance. 4. The owner can optionally express a preference for any of the known candidates for the board or to write in a specific name(s). Q13. Unless otherwise stated in your association’s bylaws each owner’s vote is weighted based upon the unit that they own. Ballot 3: Unit 2, Vote = Bob (A template is available on this site) Remind the owners that having their current contact information will ensure that the board is able to get critical information to them when required. As an entity, they are responsible for making all major decisions regarding the maintenance of buildings and grounds, condos’ finances, and must uphold and enforce … That stated, we believe that this is an important step since there is typically a low turnout at most meetings. I will now mark down “+23” next to Stan’s name. Can this person be on the board? Per condominium law the two positions are distinctively different, and Officers do not have to be Directors (although they normally are) and vice versa. That stated, in our experience most associations in Chicago do allow voting via proxy. Each officer has specific duties and responsibilities related to the operation of the association. "But sometimes, the board can't fill those positions," she states. Calculating the number of weighted votes that each candidate received may be a bit confusing at first. Condo/HOA Board Interim Positions, . An installment contract is an agreement between a seller and buyer, under which the buyer agrees to pay to the seller the purchase price plus interest in installments over a set period of time. Our elections are coming up in three months. A12. How are the positions assigned to each board member assigned? A22. Your good faith is not enough. If there are more than one owner of a unit can both of them be on the board at the same time? The IL Condominium Property Act does not make any requirements related to notifying unit owners about election results. What if we do not have reliable mailing addresses for all owners? The law requires that any candidate, or the candidate’s representative, be allowed to be present at the counting of the ballots. Regardless of the number of owners, each unit provides its owners with a single vote for each open board position. A13. Generally, the HOA board has four officer positions: president, vice president, secretary, and treasurer. (President, Secretary, etc). Q1-E. Can emails be sent as a replacement for mailed notices? What should happen to the ballots that are collected? How can you determine if cumulative voting is allowed? Sometimes, you can talk to enough homeowners to find someone motivated by responsibility who will sign on for the job. None of the other board members would accept the treasurer's position, and our president now has a dual role. Board member/director: Most condo boards have an odd number of directors, which helps ensure that all votes have the same weight. (President, Secretary, etc). This may be surprising, but the IL Condominium Property Act does require the Board to provide a unit owner, upon request, with the names, addresses and percentage of ownership of each unit owner that is eligible to vote at a meeting. What happens if the board does not follow one or more of these rules? Site Disclaimer. Meetings typically occur once a month, though they can happen more or less frequently. For Ballot #1 I will refer to my percentage of ownership table and find that the owner of Unit 5 has a vote worth 31 points. Many boards also have one or more vice-presidents, and a treasurer. We would advise the board to scan the ballots into a digital format where they can be easier stored in an organized fashion for years. The Board will elect the officers of the Board, usually four positions (President, VP, Secretary and Treasurer). As noted, yes, if the documents or state law say so. The Act requires that the rule also have a documented method used to verify the status of the unit owner issuing a proxy or casting a ballot. A condominium or homeowners association has an upcoming election for the Board of Directors, and no one throws their hat in the ring. What is cumulative voting? "So taking the community through the process of candidates being appointed for two or three months might not be worth it when there's not a whole lot that needs to be done in that period such that the board needs two or three more voices to talk about the issues," she advises. This is by no means a complete list of questions, but it should provide anyone with a good understanding of how this process should work. In all likelihood the association would need to re-perform the entire process and hold new elections. Think beyond preparing a series of questions for the interview. Condo/HOA Board Interim Positions, Explained March 2020. (This rule would be in the association’s Rules & Regulations). A20. For meetings of the members (The annual meeting included) specific mailed notices are required. Q22. Q17. If I am responsible for calculating the winner then I will have a stack of completed ballots in front of me. I will now mark down “+12” next to Bob’s name. The owner of each unit has a single vote for each open board position. Can a unit owner demand to be a witness of the ballots being counted? . If your board is struggling to maintain current contact information you may want to send a contact information form to all owners via email and postal mail and ask them to complete and return the form. The board of directors for your condominium association must be elected by the process prescribed in Chapter 718, Florida Statutes, and Rule 61B-23.0021, Florida Administrative Code, unless your association has 10 or fewer units and The members of the board will decide amongst themselves, via a board vote if required, the positions that each will fulfill. It depends. Recently, one of the directors resigned, creating a vacancy. Learn about our Fire Extinguisher Maintenance Services. "It's just a matter of reorganization, and that just needs to be done at a properly noticed board meeting.". The degree to which a vacancy on the board may be filled by the board or by the membership depends primarily on the circumstances which created the vacancy—namely, whether the vacancy was created by the resignation of a director or instead by the removal (or “recall”) of a director. 3. Q4. … © 2021 Connected Property Management LLC. 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