It’s Time to Vote

It’s time to vote when most community associations hold their annual meeting and elect Directors for the Board. Here are some tips for both Condo and HOA.

For a Condo:

The meeting must be held on the date in the bylaws and the meeting is of the unit owners not of the Board. A quorum of unit owners is required, not Board members. The first notice must be sent to unit owner no less than 60 days before the meeting. Persons running for the Board can require the association to send to the owners an information sheet containing the candidate’s Background, Education and Qualifications. No proxy voting is allowed.

For an HOA:

This process is heavily regulated by the community’s governing documents but proxy voting is allowed and an election is only required if more candidates are properly nominated than Board vacancies exist.

The statute requires the election to take place at the annual meeting.  In order to have an annual meeting you need a quorum present in person or by proxy.  The quorum is typically 30% of all members by checking your governing documents, which could dictate a different percentage.   Voting by proxy is allowed in an HOA, unlike in a condominium. Nominations are also allowed from the floor, unless candidates are allowed to be nominated in advance of the meeting. (mypatraining.com)

For Both Condo and HOA

Regardless of the type of Association, all Board members obtain a certification within 90 days of being elected to the Board. Failure to do so is an automatic disqualification from being a Board member.  

Campaign Signs

It’s time to vote and to support your favorite candidate, but placing one of those campaign signs on your lawn or condo unit could cause you some trouble. Yes everyone has a right to vote, however, an Association also has a right to restrict signage in the community. It all depends upon what the community’s governing documents allow the Association to do. If political ad signs are specifically prohibited then you’ll have to support your candidate by only voting. If, however, signs are allowed but the only restriction is the size, then as long as your candidate’s ad sign conforms to these size requirements you should be permitted to display it.

We at Ferrer Law Group hope you all are able to exercise your right to vote in all upcoming elections. If for some reason your association is interfering with your rights, then Contact Ferrer Law Group today and we may be able to help.