Condo board voting procedures

There are certain rules of order that must be followed by an HOA during the voting process. These rules depend on the relevant state laws and association bylaws. Robert’s Rules of Order is one such example of a common system that most associations use to determine basic election procedures among other things. Note that HOAs are governed by a set of documents known as Covenants, Conditions, and Restrictionsas well as bylaws that provide a framework for all association processes.

These documents should be the HOA’s north star and the first place to look for guidance on how to hold elections and moderate voting.

See full list on condocontrolcentral. The term “majoriy vote” refers to a scenario where a majority of the members who are eligible to vote are present at the meeting. The majority vote requires the presence of at least of qualifying members. Another common issue related to majority votes in HOA meetings is that of a quorum. A quorum is when a majority of qualifying voters are present at the meeting.

For instance, if the HOA bylaws stipulate that of the board is required to vote on a certain issue, that is the quorum. If an association is unable to meet quorum requirements, then the meeting cannot proceed because any decisions taken from that point will be null and void and illegal.

To pass a vote on certain issues, the association board might require more than a quorum. Should renters have voting rights just because they live within the association community? Most HOAs don’t offer voting rights to renters and the legal right to vote is reserved only for unit owners, especially when it comes to HOA board elections and other important issues. HOA voting rules are typically contained within its bylaws and CC R documents.

It used to be that members would have to visit the HOA secretary’s desk to acquire their copy of the rules. Nowadays, HOAs have made it easier for members to access this information by publishing it on the association’s website. It’s possible to create a bespoke community website that serves as the online “face” of the community, while providing access to HOA documents and community activities through a private side of the website.

Should a community member wish to change an aspect of the association’s voting rules, they’d have to follow the requisite process. Usually, it starts with a special meeting but it depends on individual association bylaws. An amendment of this magnitude requires majority approval and members must be given enough time to process the information and ask questions if they want to. Most association bylaws advise unit owners to appoint other owners as proxy representatives. Other associations might allow renters to vote on behalf of the unit owner if another owner is not available.

But, this depends on a combination of unique association bylaws and state regulations. Owners should be very careful and thoughtful when appointing as a proxy because it’s a huge responsibility. A proxy should be someone who shares the owner’s point of view on the issues being discussed.

Keep in mind that the proxy document provides its holder with the authority to sign legal documents on behalf of the owner. The bylaw section concerning proxies should offer clear and detailed guidance on the time limit for the submission of proxy documents, and the level of responsibility that can be assigned to a proxy. Every now and then, a homeowner’s association must hold an election or vote on important issues that’ll determine the community’s fate. To ensure a fair voting process, it’s importa. Please drag open the comment box from right bottom corner to make it larger.

The proxy form, provided by the Boar is completed by the unit owner and defines the person authorized to attend the meeting in their stead. I recently bought a condo and was in the. What is board voting procedure? How do board directors vote? Can an unit owner vote?

Meeting Required – Even if the election is being conducted entirely by mail, all ballots must be counted and tabulated by the association’s inspector(s) of elections , or by the designee of the inspector(s) of elections , in public at a properly noticed open board meeting or membership meeting. No person, member of the. As boards come upon the next agenda item, it provides board directors with an opportunity to make a basic board motion , which opens up the floor to discuss the agenda item.

In condominiums , unless otherwise provided in the associations bylaws, the annual meeting and election shall be held within miles of the condominium property. Obviously, unit owners can vote in accordance with the association bylaws. Voter certificates for multiple unit owners may be required and are required for corporations and trusts.

Renters, individuals with power of attorney and proxy holders cannot vote in a regular election, nor can one unit owner vote for another unit owner. Your organization needs officers, maybe committee members, and other positions decided by a vote of the membership. By a nominating committee 4. Appointing members to committees, if specified in the motion creating the committee, or if prescribed in the bylaws 2. This method is applicable when 1. Sometimes called open nominations, this method is probably the most familiar.

The process of making floor nominations is subject to the following rules: 1. Using a nominating committee to assemble a list of willing and qualified candidates for office can greatly benefit members when the time comes to select their leaders. The ballots are tallied very much like an election ballot, and the report becomes the list of nominees for each office. Taking nominations by mail is basically the same as taking nominations by ballot.

When the nominating ballot is receive the signed inner envelope containing the ballot is logged in against a list of voting members, and the ballot is deposited in a receptacle for tallying like an election ballot. Some organizations add nominees to the ballot only if the name is submitted on a petition signed by some minimum number of members. And whenever you want to specify when nominations can be made, you use a motion to open or close nominations. Collectively, these motions are known as motions related to nominations. A motion relating to nominations 1. Chairman, I move that the chair appoint a committee of three to consider and make recommendations on the replacement of Mr.

Exeter, who has resigned as chairman of the membership committee. Whatever nomination method you propose, be specific. The chair usually just announces the opening of nominations at the appointed time when they are in order. Also, members rarely move to close nominations because, whenever no further nominations are offere the chair usually jus.

The secretary places all nominations in the minutes. The election process may be the easiest part of deciding who handles a particular job in the organization. An election is really nothing more than the handling of an assumed motion, with the question being on whom to elect to fill a position.

Like any incidental main motion, an election can be decided by voice vote or by ballot. Ballot voting is by far the surest way to allow for the free expression of the will of the membership. When holding ballot elections, you have two procedural options: 1. Nominations for all offices conclude before any balloting begins. When using this procedure, make it clear that a p. Depending on your organization and the decisions being made, balloting may take place during a meeting, or polls may be open during polling periods including times when no meeting is in progress.

In either case , you need to appoint reliable ballot counters to hand out and collect ballots and to count the votes. Only members entitled to vote are given ballots or are allowed to deposit ballots with a ballot counter or place them in the ballot receptacle. If polling is conducted outside of a meet.

When counting ballots, ballot counters need to keep a few key points in mind: 1. Unintelligible ballots 2. Ballots cast for a fictional character 3. That job belongs to the presiding officer, who reads the report again to the members, concluding with a formal declaration of the result. In determining how long to hold the ballots before destroying them, your main consideration is the possibility of needing. After nominations are close the vote is taken on each nominee in the order in which they were nominated. Elections are decided by majority vote unless your bylaws provide differently.

In a voice vote, the winner is easy to determine and the vote is over when someone wins the election. If you have only two candidates and the vote is a t. In most cases, the threshold is a majority of the votes cast. Here are some other things to consider during the election process: 1. A quorum needs to be present throughout the election meeting.

If members leave during the meeting so that a quorum is not present, those offices not yet elected must be put off until an adjourned meeting or until the next meeting. Ballot counters should cast their ballots at the same time that the assembly votes. If a member is elected and not present and has not previously said that if elected he or she will serve,. During an election, especially when ballot counters are not trained or when candidates are running in opposition, members may become aware of mistakes or illegal procedures in collecting or counting the ballots.

If a member notices a mistake in procedure, he or she should immediately make the chair and assembly aware of his concerns. If members question the validity of an election or the procedure in taking the vote, a member should make a motion to recount the votes within a reasonably brief time after the president announces the election outcome. The motion to have a vote for a particular office recounted needs a secon is not debatable, and takes a majority vote to adopt. After the person elected to office assumes the position, it is too late to nullify an illegal election. For this reason, members should listen carefu.

Members should be alert to some undemocratic political practices in organizations. One example occurs if a person is elected and then resigns, the office is considered vacant, and the president or board fills it by appointment instead of having another election. Doing this may allow an unpopular or hand-picked candidate to get the office even though he or she was not elected. In writing the nomination, election, and vacancy conditions in the bylaws, the organization should make sure that if a. He did the same thing last year as well. Is it a violation of the condominium rules.

How you can ensure that your annual meeting or election runs smoothly and adheres to community law. The Florida Statutes and Florida Administrative Code define the specific processes and procedures for electing association Board members to ensure that elections are fair and that any unit owner interested in running for a seat on the Board has the opportunity to do so. For the most part the process varies greatly between condominiums and homeowners associations. Excitement and suspense are built into just about every election , including those of co-op and condo board members.

In fact, those elections can stir even more emotion given the impact they may have on the daily lives of the residents casting the votes. Senate Bill 9would amend various sections of the Michigan Condominium Act related to providing electronic notice of amendments to condominium documents, director voting via e-mail and setting more specific standards for co-owner inspections of a condominium association’s books and records. Recording the Board ’s Actions and Decisions in the Meeting Minutes. Board meeting minutes are a very important part of proper board meeting procedures. Meeting minutes reflect the board ’s actions and decisions.

Throughout we cover the basics and best practices in how to run a board of directors meeting. Download the Sample Board Policies and Procedures (Book of Governance) PDF.