What is cumulative voting? What should happen to the ballots that are collected? A condominium or homeowners association has an upcoming election for the Board of Directors, and no one throws their hat in the ring. The law requires that any candidate, or the candidate’s representative, be allowed to be present at the counting of the ballots. To serve on a condominium Board, a person must meet five requirements: 1. Lastly, the rule must allow any candidates with the right to be present at the counting of ballots. . Here are the HOA officers job descriptions: HOA Board President. The Act then defines majority agreement as being achieved if “any one of the owners cast the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.” In short, as long as none of the co-owners complain, the vote is assumed to represent the majority consent of the owners. Whether you are the President or an At Large member of the board, your vote is counted the same. The unit ownership does not vote to decide on which position each person will occupy while on the Board. If you have a question you need answered, post it on the message board. Q3. I will now mark down “+18” next to Bob’s name. Must complete the Condominium Director Training Program The IL Condominium Property Act requires the board to maintain ballots for a minimum of one year. "But sometimes, the board can't fill those positions," she states. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. We find that even though Bob received votes from four owners he still did not win. How do you determine the number of board positions that are “open” and need to be filled? 2. ensure all required maintenance and repairs are carried out 3. hire specialists, like engineers, to update the reserve fund studyevery three years. A10. There are several benefits to having potential Board members complete an application to join the Board, including: What notices, if any, must be sent to the unit owners related to this meeting? 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. Traditional US Postal mail will meet the requirement. Address: 3047 N Lincoln Ave #400, Chicago, 60657 Stan is the winner since he received the highest total number of points, albeit from only two unit owners. Ballot 2: Unit 6, Vote = Stan Unless otherwise stated in your association’s bylaws each owner’s vote is weighted based upon the unit that they own. For instance, if the board has three open positions, each unit owner has three votes. Q15. "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. A5. To me, to use the term interim is kind of silly.". Let’s first define what an installment contract is. Can we post a notice in a common area instead of mailing notices? Many boards also have one or more vice-presidents, and a treasurer. 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. This situation forces the condo to accept any owner just to prevent going into receivership. "Do we need to assign one of our current members as interim president and interim vice president to be legal? Facebook Twitter 1 Google+ LinkedIn 1 It happens all too frequently. . Condo Association Board Elections - how to run a proper annual election, Chicago Recycling Ordinance - A Manager's Review, Public Act 99-849 Makes it Easier for Boards to Approve a Loan, Chicago code related to keeping hallways, stairs and exit pathways free of items, Air Rights: Ability to trim trees that cross property lines. The best solution is for the owners who serve on the board to have the interest of the entire condo at heart. Ballot 6: Unit 4, Vote = Bob. In the absence of such a provision, the board of administration shall be composed of five members, unless the condominium has five or fewer units. Board member/director: Most condo boards have an odd number of directors, which helps ensure that all votes have the same weight. Can an association use secret ballots? Plan the interview with the goal of actively engaging the candidate in the interview process. I will now mark down “+12” next to Bob’s name. (Meaning, look in your Bylaws). The language from the IL Condominium Property Act is below for your reference: … if a rule adopted at least 120 days before a board election or the declaration or bylaws provide for balloting as set forth in this subsection, unit owners may not vote by proxy in board elections, but may vote only (i) by submitting an association issued ballot in person at the election meeting or (ii) by submitting an association issued ballot to the association or its designated agent by mail or other means of delivery specified in the declaration, bylaws, or rule; that the ballots shall be mailed or otherwise distributed to unit owners not less than 10 and not more than 30 days before the election meeting, and the board shall give unit owners not less than 21 days’ prior written notice of the deadline for inclusion of a candidate’s name on the ballots; that the deadline shall be no more than 7 days before the ballots are mailed or otherwise distributed to unit owners; that every such ballot must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person casting the ballot the opportunity to cast votes for candidates whose names do not appear on the ballot; that a ballot received by the association or its designated agent after the close of voting shall not be counted; that a unit owner who submits a ballot by mail or other means of delivery specified in the declaration, bylaws, or rule may request and cast a ballot in person at the election meeting, and thereby void any ballot previously submitted by that unit owner;.. Q9. Ballot 3: Unit 2, Vote = Bob In short, this rule would outlaw the use of a proxy, but allow owners to submit a completed ballot via mail. Is the use of a proxy always allowed? Ballot 5: Unit 1, Vote = Bob Helping condominium board members run a successful community. This only applies if more than one board position is open. Let’s assume that there is one open board position for this association’s election with two candidates, Bob and Stan. The president runs the … This depends on how elections have been handled in the past. A3. Elections happen at a special type of meeting called an “annual meeting” or “members meeting”. 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. 1. Q4. The board must then mail out the ballots, presumably with the meeting notices, to all owners within a week of passing that deadline. Q1-G. What if we do not have reliable mailing addresses for all owners? Hello, cheap cable! HOAleader Can emails be sent as a replacement for mailed notices? 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. In such cases each unit owner has one vote per open seat as detailed earlier in this document. A notice must be mailed or delivered to all unit owners that details the time, place and purpose of the meeting. 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. (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. 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. 3. 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. No problem. 4. Can a unit owner demand to be a witness of the ballots being counted? The Board may require evidence of the contract showing that these powers have been transferred to the buyer. In every sense, the association president serves as the face of the operation. This is the same requirement as the meeting notices so they can simply be sent together. This is discussed in the following questions. Be mentally competent. The proxy form will allow an owner that is unable to attend the annual meeting to document his or her selections and have another person attend the meeting in their place. 2. But if the annual meeting and election are two or three months away, I don't know that you need to fill those vacancies. Therefore there are a total of 100 points available amongst the unit ownership for each open board position. The board may provide unit owners with biographical and background information about the eligible candidates, but they must follow three rules: A7. Robert’s Rules details what you need to know. "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 it would cause angst to fill them, then don't. 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. "In that case, board members would step up to be whatever officers. Must notices be sent via certified mail with tracking? Normally this is nothing more than a piece of paper which contains a list of the eligible candidates. "It's just a matter of reorganization, and that just needs to be done at a properly noticed board meeting.". Building Maintenance Monitor. How can you determine if cumulative voting is allowed? 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. "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. … Others use 2-year terms with staggered start dates. This board can say they're making this appointment temporarily until the next election. As a board member, you have a duty to care for the organization’s affairs in good faith and with at least the degree of diligence, care and skill which ordinarily prudent people would exercise under similar circumstances in like positions. Learn about our Fire Extinguisher Maintenance Services. Calculating the number of weighted votes that each candidate received may be a bit confusing at first. A22. This assumes that the candidates are known in advance. Other […] A12. (President, Secretary, etc). (Totaling 100%) If a candidate receives a vote from an owner with a percentage of ownership equal to 15% then they will defeat a candidate receiving a vote from an owner with a percentage of ownership equal to 10%. Each officer has specific duties and responsibilities related to the operation of the association. All Rights Reserved. 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. Your board of directors meets regularly to conduct condominium business. When counting votes I find it easiest to turn each owner’s vote into “points” based upon their percentage of ownership. Or maybe you have to throw out a bum officer. Notices making unit owners aware of the meeting must be sent 10 to 30 days before the meeting. A15. In short, you need to make the owners aware of the deadline for submitting candidates to the board about a month ahead of time. 4. A2. 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 … (This rule would be in the association’s Rules & Regulations). 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. 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. The table below shows a sample of a 6 unit condo association and the voting points available to each unit based upon its percentage of ownership. Q1. Or can we just wait until after the elections when new officers are assigned?" Q8. The IL Condominium Property Act requires that at least 1/3 of the board members expire annually. The IL Condominium Property Act does allow for an association to pass a rule allowing the use of secret ballots whereby the voting ballot is marked only with the percentage of ownership for the unit and the vote itself. (Corp.Code § 7224.) The ballots and a meeting notices must be mailed out 10 – 30 days before the date of the election. The owner of each unit has a single vote for each open board position. What information about the candidates can be provided to the unit owners, if any, to assist them in evaluating the options? So look at the language in the statue and the governing documents as to vacancies.". The Act is specific that only one of the parties can participate at any time. A1-D. No. What are the two methods available for the list of candidates to be gathered? (K.S., via e-mail) A: Unless prohibited by the condominium documents, yes. 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. The IL Condominium Property Act does not make any requirements related to notifying unit owners about election results. 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. If I am responsible for calculating the winner then I will have a stack of completed ballots in front of me. If candidates are known in advance then owners utilizing a proxy may elect to define how their votes are to be cast by the person showing up in their place. A9. A18. A19. To achieve this the board must notify all unit owners and give them no less than 21 days’ written notice of the deadline for submitting their name if they wish to be included on the ballot as a candidate. 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? A8. Our elections are coming up in three months. Many boards have all positions open for re-election each year. Watch our video testimonials to learn about their experiences with Connected. The IL Condominium Property Act is still antiquated with regards to technology and makes no mention of email or other electronic communications. Nevertheless, ALL directors should still maintain an active interest in the operations of the association. Determining which unit owners wish to (or are willing to) be on the board can either take place during the meeting or beforehand. A1-B. 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. Q12. If there are two open board positions how many votes does each unit owner have? Don’t get too comfortable! Per condominium law the two positions are distinctively different, and Officers do not have to be Directors (although they normally are) and vice versa. Normal meeting minutes from board meetings must be maintained for 7 years. A1-E. No. The person must either be an official candidate or one of the candidates must deem the person to be their representative. Also keep in mind that cumulative voting is typically allowed which means that owner’s ballots will likely have more than one vote applied towards a single candidate. If there are multiple owners of a unit, how do they vote? for the FREE Meetings typically occur once a month, though they can happen more or less frequently. At minimum, a condo corporation must have two officers: a president and corporate secretary. The percentage of ownership associated with each unit can usually be found in the association’s declaration document. How can you determine if cumulative voting is allowed? This will be defined in your association’s governing documents. If cumulative voting is not allowed, each owner must cast a single vote for three different candidates. Q11. First, ballots must be mailed or distributed to unit owners 10 to 30 days before the election meeting. 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. An HOAleader.com reader asks, "We have a seven-member board, but both the president and vice president resigned, so we've been working with five members only. A1-G. How do we determine the number of board members that we should have? "Owners can sometimes think that's no good. Connected Property Management3047 N. Lincoln Ave #400, Chicago, IL, 60657, P: 773.913.2569F: 773.913.2579E: firstname.lastname@example.org. A17. No. What is cumulative voting? Upon learning of the vacancy, I … Condominium Association Annual budgets Your annual budget calculates the total amount of assessment payments required to support the association’s expenses and savings. 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. Cannot be bankrupt. Just count your points and keep a tally next to each candidate! Must this board act? No. 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. This may be the governance committee, a board development committee, or both of them combined. Everything still works the same including converting the owner’s vote into points and adding them up based upon the candidates that the owner votes for. It is important that board members have a strong sense of decorum, as they are privy to sensitive information about residents and financial matters. A16. If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? This is the minimum pursuant to the Condominium Act. 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. Keep in mind that the “power” of each board member is identical since each board member’s vote is weighted the same. Think beyond preparing a series of questions for the interview. If cumulative voting is not allowed, each owner must cast a single vote for three different candidates. All candidates must be given the opportunity to include their own biographical and background information to be included with the board-generated information. "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. Based on this resume, the board will determine whether you are qualified for nomination and whether you will be an asset to the board. What notices, if any, should be sent to the unit owners after elections occur? "I think that, generally, it's best to have seats filled," says Peacock. You should mail notices to the most current address that you have on file for the owner. None of the other board members would accept the treasurer's position, and our president now has a dual role. A6. Can a unit owner demand to be a witness of the ballots being counted? You must have at least 3 board members; a President, Secretary and Treasurer. (This would be a rule in the association’s Rules & Regulations). Be at least 18 years of age. 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. Usually, an interim position is just a replacement position. Q13. The alternative is determining which owners are willing to be on the board well in advance of the meeting. Filling vacancies can be tricky business. If there are two open board positions how many votes does each unit owner have? For Ballot #3, we find that Unit 2 carries a vote worth 18 points. Specifically, the vote is based on the percentage of ownership within the association that the unit represents. 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 … Q1-B. What notices, if any, must be sent to the unit owners related to this meeting? This only applies if more than one board position is open. 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. If there are two open board positions, each unit owner has two total votes. 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. How do you determine how many board positions are “open” and need to be filled? With membership comes certain maintenance obligations, financial responsibilities, and a commitment to abide by use restrictions and other rules of the associati… Recall that the weight, or power, of each owner’s vote is based upon their unit’s percentage of ownership within the association. "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. To help visualize this approach we will use a simple example. Can this person be on the board? Here is the language from the IL Condominium Property Act: ..written notice of any membership meeting shall be mailed or delivered giving members no less than 10 and no more than 30 days notice of the time, place and purpose of such meeting; Q1-D. Must notices be sent via certified mail with tracking? The burden lies with the unit owners to keep the Board updated with any off-site mailing addresses. © 2021 Connected Property Management LLC. We will use the same exact process for all elections even if there are multiple open board positions. The number of winners is determined by the number of open board positions. That stated, we believe that this is an important step since there is typically a low turnout at most meetings. 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. What Does the HOA Board President Do? If there are three open positions, each owner has three votes. The key with multiple open positions is to remember that each owner will have one vote for each open position. Q1-H. What happens if the board does not follow one or more of these rules? In such cases each unit owner has one vote per open seat as detailed earlier in this document. If more than one of the owners are at the meeting, the votes allocated to that unit may be cast based upon the “majority agreement” of the owners, unless the association’s declaration expressly provides otherwise. If there are multiple owners of a unit, how do they vote? Our goal for this article is to answer many of the common questions surrounding the election of board members for a condominium association. That is the flexibility provided through cumulative voting. "You're always an interim officer because these positions are temporary in nature, usually for one year, and then the board revotes on the positions. If “nominations are taken from the floor” then eligible candidates will be discovered at the beginning of the meeting. Each owner is given a ballot where he or she will write their name, percentage of ownership and how they would like to cast their votes. But it's still a placement. Q10. Phone: 773.913.2569 A4. As always, if you have questions that were not answered please feel free to email us at email@example.com. 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. For example, if there are two open board positions, the two candidates receiving the highest number of weighted votes are declared the winners. How do we determine the number of board members that we should have? Read on to learn more about the role of the HOA board president. That stated, in our experience most associations in Chicago do allow voting via proxy. "In this reader's case, both the president and vice president resigned," she continues. The use of a proxy is allowed unless it is prohibited in the association’s Articles of Incorporation or bylaws. The candidate(s) receiving the highest number of weighted votes is the winner. As detailed earlier in this document, all votes are not weighted the same. The seller delivers the deed and legal ownership is transferred to the buyer once the final payment is made. The election is only to determine which owners are elected to the Board. Q16. Condo/HOA Board Interim Positions, . It would be my pleasure to help! Sign up What information should be collected from the unit owner on the ballot? Can this person be on the board? Now that we have processed all of the ballots we simply add up the total number of points received by each owner. Since the owner applied all three of their votes to Stan, we will give Stan 36 points. This means that after the candidates are known, the ballots must be mailed out quickly so that too much time does not pass. 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. The owner can optionally express a preference for any of the known candidates for the board or to write in a specific name(s). The board must act with knowledge and after adequate deliberation. Q20. Otherwise the owner must trust the proxy to make decisions on their behalf. The Rules for Appointing Members to Your HOA Board of Directors; What to Consider When You Appoint a New HOA Director; 4 Tips; HOA Leadership Roles and Duties: A Guide to the Positions of President, Vice President, Secretary, Treasurer, and Board Member in Condo … A14. Sometimes, you can talk to enough homeowners to find someone motivated by responsibility who will sign on for the job. Good officers help the board conduct board business. A13. Regardless of the number of owners, each unit provides its owners with a single vote for each open board position. Basically, this is having someone else show up and vote on your behalf. The board is typically elected, and then the directors choose among themselves who the officers will be. The most valuable feedback about our service comes from active board members. For Ballot #5, we find that Unit 1 carries a vote worth 8 points. Q: My condominium association has a 5 member board of directors. As part of their responsibilities, directors must: 1. track your condominium’s financial performance. 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. How are the positions assigned to each board member assigned? A20. Email: firstname.lastname@example.org Q2. Both are elected to the board; first place or second place makes no difference. As noted, yes, if the documents or state law say so. Yes. This information must be provided within 30 days of the request. 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 How are the positions assigned to each board member assigned? 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Is made a common area instead of mailing notices Twitter 1 Google+ LinkedIn 1 it all. The operations of the common questions surrounding the election at any time 7!
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