HOAleader.com - Tip of the Week - May 24, 2013
Published: Fri, 05/24/13
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HOA Elections: What To Do in a Tie Vote
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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."
That process is pretty good at preventing election
disputes. "The administrative codes in Florida are
clear about how balloting occurs, for condos at
least," says Dennis J. Eisinger, a partner at
Eisinger, Brown, Lewis & Frankel PA in Hollywood,
Fla., who represents more than 500 condo and HOA
associations. "I can't imagine there's a more
stringent process; it involves things like double
envelopes for ballots that can't be opened until
everybody's present. So it's relatively hard to
have an election dispute in the state."
There can, however, be a tie. To get a feel for
how state laws might work, here's how Florida
resolves the issue. "For condos, there's a very
specific rule that if there's a tie with the number
of directors, there has to be a runoff," says
Eisinger. "That runoff has to be noticed no more
than seven days after that particular election,
and it has to be held within 30 days of the original
election. Those elected immediately take office.
The others aren't on the board, so in the reader's
example, the president wouldn't be on the board at
this time.
"For HOAs, everything I've said isn't applicable,"
adds Eisinger. "The HOA statute doesn't say how you
do an election and what happens in a tie. Theoretically,
you have to go with whatever's in the documents."
Wait, there's more! The tie at issue in an HOAleader.com
reader's question, which prompted this article, was
resolved when the board president invalidated a vote
for another candidate (in the president's favor),
thereby giving himself the win. Does he have that
authority? Find out in our new article,
What Happens If Your HOA Election Ends In a Tie?
http://www.hoaleader.com/members/854.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Four Thoughts on Modifying Bylaws and Board Term Limits; Discussion Forum
Follow-up
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?
Click here to read full article:
http://www.hoaleader.com/members/Four-Thoughts-on-Modifying-Bylaws-and-Board-Term-Limits.cfm
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When You Can -- and Can't -- Extend Your HOA's Vote Deadline
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."
Click here to read full article:
http://www.hoaleader.com/members/When-You-Can-and-Cant-Extend-Your-HOAs-Vote-Deadline.cfm
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HOA President Gambles HOA Funds--and Refuses to Resign. Now What?
In this week's tip, we discuss whether all should be forgiven if a board
member improperly uses HOA funds (to gamble, no less!) and then pays them
back. The first issue is the proper process for removal of directors. States
vary, but Florida provides guidance.
Click here to read full article:
http://www.hoaleader.com/public/HOA-President-Gambles-HOA-Fundsand-Refuses-to-Resign-Now-What.cfm
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Should This HOA President Resign?
In response to a reader's question, we ask our experts if they can imagine a
circumstance in which a board member who withdrew HOA funds for personal use
shouldn't resign, even if the funds were paid back. Also, under what
circumstances would the HOA have its lawyer defend the president in a recall
petition?
Click here to read full article:
http://www.hoaleader.com/members/Should-This-HOA-President-Resign.cfm
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Should Your HOA Delay -- Not Ban -- Rentals?
Some condo and homeowners associations forbid rentals altogether, but
others are taking a different tack--banning rentals for a period of time,
say one or two years. What are the pros and cons of a short-term, instead of an
outright, ban? Here's the scoop.
Click here to read full article:
http://www.hoaleader.com/members/Should-Your-HOA-Delay--Not-Ban--Rentals.cfm
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