HOAleader.com - Tip of the Week - September 11, 2009

Published: Fri, 09/11/09

HOAleader.com - Tip of the Week - September 11, 2009
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Have You Made This Common Mistake with HOA or Condo Elections?

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This week's tip comes from a new article that outlines 6 common
mistakes boards make when running their elections--and how you
can avoid them.

Today we'll cover one of the 6 mistakes: failing to plan by
sending out proxies.

"A big mistake is that folks forget to send out proxy forms
before the meeting," says Amy H. Bray, a partner at Andersen,
Tate & Carr PC in Lawrenceville, Ga., who represents condo and
homeowners associations. "Then they find themselves at the
meeting unable to proceed because they don't have enough
attendance and don't have extra proxies, so they can't elect a
board. They have to start knocking on doors."

To avoid this mistake, Amy recommends sending out proxy forms
with the notice of the meeting. "If you happen to see your
neighbors before the meeting," she suggests, "follow up about
the meeting and ask, 'Why don't you sign the proxy for the
meeting now?'" She also suggests printing extra proxies to
bring to the meeting so that if you do have to knock on doors,
you have forms ready for owners to sign.

Include as much information in proxies as possible. "When I
prepare a proxy, I'll usually put down the slate of officers
who are running and also provide space for write-in candidates,"
says Robert Galvin, a partner at Davis, Malm & D'Agostine PC
in Boston who specializes in representing condos and co-ops.

"It's also important to say in the proxy that you can vote for
only so many people, and if you vote for more, the proxy is
invalid," he says.

"We'll also usually identify whom the proxy will be, but we'll
also state in the proxy that if owners want to appoint someone
else, they just have to cross out the name we've included and
write in anybody they want as long as that proxy actually
attends the meeting."

To read the full article outlining 6 HOA and condo election
mistakes, and how you can avoid them, visit:
http://www.hoaleader.com/members/326.cfm

Best regards,
Matt Humphrey
President

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HOA or Condo Insurance Checkup: Review Your Governing Documents

"Read carefully the [insurance] requirements of your own
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Click here to read full article:
< http://www.hoaleader.com/public/334.cfm >

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Recalls, Part II: If You Must Do a Recall Vote, Read This First

In November 2008, a California appellate court held invalid an
association's requirement that director recalls required a 60
percent supermajority of the association's total voting power.
Here's what you need to know about that case even if your
association isn't in located in California, along with tips on
how to properly conduct a recall vote. If you're a board member
who has gotten wind of a potential recall effort in your
community, you'll find advice for you too.

Click here to read full article:
< http://www.hoaleader.com/members/333.cfm >

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HOA and Condo Insurance: 5 Tips to Double-Check Your Association'
s Insurance Coverage

It's time for an insurance checkup so you can determine whether
your condo or homeowners association's policy provides the right
coverage and whether you can save money. Here are 5 tips on
double-checking your coverage.

Click here to read full article:
< http://www.hoaleader.com/members/332.cfm >

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How Should Your HOA Deal With Developers' Improper Promises?
Discussion Forum Follow-Up

A frequent thread on the HOAleader.com discussion forum deals
with the all-too-common problem of associations that are left
holding the bag after developers have bent the rules by making
promises that violate the association's governing documents.
Developers tell potential buyers they'll make an exception to
association rules to close a deal. Then, after the developer
turns the property over to an independent board, the new board is
left trying to explain why some owners can break the rules while
other owners have to follow those same rules. What can be done?

Click here to read full article:
< http://www.hoaleader.com/members/331.cfm >

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Your HOA Board Has Been Defamed; Should You Sue?

For this week's tip we spoke to Robert Galvin, a partner at
Davis, Malm & D'Agostine PC in Boston who specializes in
representing condos and co-ops.

What should your board do if you are dealing with angry
homeowners whom you think cross the line into defamatory
comments? Can you p

Click here to read full article:
< http://www.hoaleader.com/public/330.cfm >

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