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Subject: BOARD ELECTION TIMELINES-- HELP!!!
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GerryW1
(Florida)

Posts:80


10/15/2018 5:45 PM  
HELP. Was wondering what are standard timelines for issuing a call for candidates, Giving written notice no later than..., posting of intention to distribute proxies (if that is even done), actual distribution of proxies, date before meeting when proxy is valid, etc.

Carol provided the below copy/paste I did for her HOA. I was looking for specifics. Example, if we send out call for written notice for candidates today, how long from now should the "No later than...at 4PM" be? Is there a requirement to post a notice to distribute proxies (seems like I read that in state laws?). Other timelines would be greatly appreciated. Specifically- If we send out letter tomorrow (October 16) with notice for a meeting for election, would that be enough time for a January8 election. Please provide dates of these steps. Thanks so much to anyone reading this or helping.


From another HOA Below:
This is how our HOA handles it. No nominating committee

NOTICE OF ANNUAL MEETING AND FIRST NOTICE OF ELECTION OF DIRECTORS MEETING FOR XXX (Association)
NOTICE IS HEREBY GIVEN, that the Annual Meeting and Election of Board Members will be held at the following date, time and place:
DATE:
TIME:

PLACE:

The purpose of this meeting will be to elect members of the Board of Directors and transact business of the Association.

Any unit owner (or other eligible person) desiring to be a candidate for the Board of Directors shall give written notice to the Association of such person’s candidacy on or before (date) no later than 4:00 p.m. to XXX(Property Manager)

The candidate information sheet, which the Association will include when the ballots are mailed to the unit owners, can be no more than one side of an 8 ½ x 11 sheet.

The Agenda for the meeting will be as follows:
1. Certifying of proxies.
2. Approval of Minutes
3. Officers Reports/Committee Reports
4. Election of Board Members
5. New Business
6. Old Business
7. Adjournment.
GenoS
(Florida)

Posts:3132


10/15/2018 8:21 PM  
Condos have strict rules to follow. HOAs can do it however they want. Ideally the procedures and deadlines would already exist for you to follow, either in the bylaws or a board-enacted elections policy. The condo rules are here. The DBPR has ruled from time to time that it's eminently reasonable for HOAs to voluntarily follow the condominium way of doing things, but an HOA doesn't have to.

I tried to write election rules and a policy for my HOA but gave up when I reached 8 pages and no one on the board showed any interest. When they heard "2 notices" their eyes glazed over. Good luck.
GerryW1
(Florida)

Posts:80


10/15/2018 10:09 PM  
Thanks for practical comments. Sad but true. I was trying to get ballpark timelines, and see if 90 days was enough to get it done from first notice to election.
JohnC46
(South Carolina)

Posts:8561


10/16/2018 3:39 AM  
Our HOA has to notify owners at least 30 days before the Annual Meeting via US Mail. With that mailing is time and place, Agenda, and a call for candidates to run for the BOD (2 or 3 spots of 5 open each year). One can also be nominated from the floor at the meeting. Nominating from the floor is typically how we get people to run as we beg them to run......LOL
GerryW1
(Florida)

Posts:80


10/16/2018 8:10 AM  
Is that enough time for proxy votes?? 30 days seem so short. Someone here told me 90,60, 30 - 90 for mail out for candidates, 60 board meeting and proxy something or other, 30- mailing with candidates and their qualifications w proxies. Would love to hear more examples. And yes, we will be begging along the way. Why anyone would serve on a board in this day and age is beyond me. Most thankless and selfless thing if one does it properly with common sense, dedication and empathy. Oops on the bandwagon, probably a violation. Anyway, back to the schedules and tips.
RoyalpitA


Posts:0


10/16/2018 8:15 AM  
OP,

What, pray tell, do YOUR corporate bylaws require ?

Yes, require !

Have you read them ?

In lieu thereof you may adhere to your state's corporate LAW.

Yes, law !



Sheeeez
GerryW1
(Florida)

Posts:80


10/16/2018 8:26 AM  
We have very vague state and bylaws as a HOA. It says must follow Roberts Rules, and the only date related specific things relate to some comments about posting notice 21 days prior to proxy mailing, and when proxies must be received by. Otherwise uses some terms like reasonable time for candidates. I was really looking for real life unchallanged protocols some others have used. HOA laws are much looser than condo laws in the state, but they cover it with that blanket statement about Roberts Rules.
GeorgeS21
(Florida)

Posts:1263


10/16/2018 8:37 AM  
I might suggest going back in your own association's records and reviewing what worked well previously - ya also might ask your neighbors what they think is reasonable.

Reasonable. Doesn't mean it won't be challenged by someone at some point.

After this is all done, then you might consider amending your bylaws to include that time frame and process you found reasonable.

For background, ask around at those well managed communities in your area and get copies of their Bylaws - go to your county clerk website and see if there are copies of Bylaws that are recorded (some are and some aren't).
GeorgeS21
(Florida)

Posts:1263


10/16/2018 8:42 AM  
RoyalpitA,

Your tone is negative without need.

The purpose of this site is to be positive and helpful.
SheliaH
(Indiana)

Posts:2623


10/16/2018 8:44 AM  
Our community isn't that big and frankly, the vast majority don't show up to the annual meeting anyway, so, we're a little more relaxed that perhaps a larger community can be. That said, I think you're making this a lot more complicated than necessary, so take a breath and READ YOUR DOCUMENTS to see what they say. This isn't so much about what is standard than what will work best for your community. Yes, you do have to factor in all the other stuff people deal with everyday, so the goal is to get the information out as soon as you can to give people time to read it, ask questions, if necessary, and send in their responses.

In our community, we send the annual meeting notice, agenda and proxy in the same letter. The proxies are returned to the property manager and have to be in by noon on the meeting date. However, if someone decides to attend the meeting after all, he/she simply shows up, the proxy is cancelled and he/she casts a vote as usual. The documents require a 30 day advance notice and since we have a number of out of state owners, we usually add 3-5 business days to that (you have to factor in Sundays and possibly holidays since mail isn't delivered on those days).

Our letter also asks people to speak up if they'd like to run for a board seat - we prefer that they let the property manager know, so names can be listed in the agenda, but we also accept nominations from the floor, so we don't have a formal call for candidates. If you want to do that, give yourself another 30-60 days, perhaps sending out one letter asking for candidates and that they send in their information early so the board can publish all this stuff in the next newsletter and/or post it on the community website.

I'd also print out the information sheets to have them available at the meeting. Better yet, ask for candidates and then have a "meet the candidates' special meeting 15 days or so before the meeting so people can attend, hear what they have to say and ask their own questions.

GerryW1
(Florida)

Posts:80


10/16/2018 8:53 AM  
Thanks. Without getting into specifics, we have 25 year old never changed bylaws, vague to start with, but never a major issue. Now multiple new subassociations in the past few years which necessitate election process incorporating 80% new subdivisions into the board. Sounds confusing, sorry. While we understand board composition, and general process, I was looking for general trends from others to better understand 1. Reasonable number of days for people to announce they will run for board, reasonable days to disseminate candidate info, and finally the miserable proxy topic- the only one that seems black and white with some 21 day notice, etc. Thanks again. PS. Of course we have management company and attorney council, I’m just soliciting information/ trends as there are clearly huge gray areas interspersed along the way.
GerryW1
(Florida)

Posts:80


10/16/2018 9:01 AM  
Thanks Shelia. Great Answer, and type of information, dates and process I’m trying to evaluate as related to our situation. We have a similar process in our subassociation, but it is a condo and different from the Master HOA which will be undergoing election w reps from many subassociations. Hope to hear other’s approaches also. Thanks.
RichardP13
(California)

Posts:3791


10/16/2018 9:17 AM  
Below is a link to a sample timeline that I use in California.

https://www.davis-stirling.com/HOME/Election-Timeline

Been there, Done that
RoyalpitA


Posts:0


10/16/2018 1:56 PM  
Posted By GeorgeS21 on 10/16/2018 8:42 AM
RoyalpitA,

Your tone is negative without need.

The purpose of this site is to be positive and helpful.




Here is what the LAW requires:

http://www.flsenate.gov/Laws/Statutes/2012/Chapter617/All
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