HOAleader.com - Tip of the Week - August 4, 2017
Published: Fri, 08/04/17
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Can You Skip Your HOA’s Election If You Know How It’s Going to End?
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In this week’s tip, we discuss whether you have to go through the motions of an election when it’s obvious who’s going to win your election.
The discussion has arisen in response to a question from an HOAleader.com reader asking if an election is necessary if you have, say, three candidates for three open seats.
There are situations in which you’ll absolutely need to hold an election. “The answer depends on the nature of the election,” says Michael Kim who, through his Chicago law firm, Michael C. Kim & Associates, represents about 500 associations.
“Let’s assume you have a situation where the number of votes a candidate gets may determine something, for example the term of office if the terms are staggered,” he explains. “Then you’d definitely have to cast ballots.”
And as a general rule, you’ll need to hold your election. “Most likely this reader does need to hold an election,” reports Todd J. Billy, an attorney at The Community Association Lawyers in St. Louis; Billy is a licensed attorney in Missouri and Illinois and has more than 1,000 active condo and HOA clients.
“It’s not common for governing documents to be drafted for the reader’s situation,” says Billy. “We certainly try to do that by trying to use the nomination process as much as possible to make the annual meeting go more smoothly. But absent clear language in the governing documents, you still need to go through the processes in the documents so that if anybody would challenge the election, even years later, you can show it was done properly.”
Billy also points out that what might look like an uncontested election could turn out to be contested. If your governing documents permit, you could also get nominations from the floor, which is another reason to hold an election.
“Absent a provision prohibiting nominations from the floor, you could still have a contested election,” he says. “So you can end up having a contested election, and you wouldn’t have known that if you didn’t hold the election. If the association is using directed proxies, the likelihood of someone nominating a candidate from the floor isn’t high, but it’s possible.”
There’s another very important reason to hold an election even if the outcome is a foregone conclusion. Find out why, and read how you can still streamline your election even if you have to hold it, in our new article: https://www.hoaleader.com/members/3581.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Can You Skip Your HOA's Election If You Know How It's Going to End?
In this week's tip, we discuss whether you have to go through the motions of an election when it's obvious who's going to win your election. The discussion has arisen in response to a question from an HOAleader.com reader asking if an election is necessary if you have, say, three candidates for three open seats.
Click here to read full article:
https://www.hoaleader.com/public/Can-You-Skip-Your-HOAs-Election-You-Know-How-Its-Going-End.cfm
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When the Outcome is Obvious, Do You Need to Hold an HOA Election?
An HOAleader.com reader writes, "We have five candidates for five board slots; is it necessary to carry out an election? It seems a moot point. On the other hand, our bylaws indicate that we elect directors in person by ballot or by proxy."
Click here to read full article:
https://www.hoaleader.com/members/When-Outcome-Obvious-Do-You-Need-Hold-HOA-Election.cfm
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Will HOA Be Forced to Allow a Front Fence a Reasonable Accommodation for An Autistic Child?
An HOAleader.com reader writes, Our HOA has a request we're contemplating. Our covenants and restrictions don't allow for any fencing to be built between the front of the dwelling and the street.
Click here to read full article:
https://www.hoaleader.com/members/Will-HOA-Be-Forced-Allow-Front-Fence-Reasonable-Accommodation-for-Autistic-Child.cfm
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In this week's tip, we admit to patting ourselves on the back--but we're also providing a service to readers who may have missed really important information.
Click here to read full article:
https://www.hoaleader.com/public/Dont-Miss-Critical-Info-in-HOAleaders-AwardWinning-TwoPart-Series.cfm
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HOAleader.com has won first place for analytical reporting in the Specialized Information Publishing Association's awards for a two-part series warning condo and HOA board members that their manager may be selling their association's collections records--without the board's knowledge--a move that could dramatically increase the liability of associations and their board members.
Click here to read full article:
https://www.hoaleader.com/members/HOAleadercom-Wins-First-Place-Editorial-Award-for-Series-Informing-HOA-Boards-Dangerous-Liability.cfm
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