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Subject: Are there rules for elections?
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Author Messages
WilliamL16
(Florida)

Posts:13


10/01/2019 9:12 AM  
Is there any laws/rules for notifications to residents for yearly HOA board elections? I have never gotten any notice of elections for our HOA board, nor have any neighbors I've spoken to. I live in a community of 450 homes in Florida.

I'm pretty sure the annual meeting is the second week of November and I think that's when most HOA's hold their elections. It looks like we are entering another year of no notification of the BOD election.

Questions

1. Are the resident supposed to be notified in advance so that folks can run to be on the BOD?
2. Are there any rules regarding how much advance notice is given so that folks can attempt to run for a seat on the BOD?

Thanks in advance for your input!
MarkM19
(Texas)

Posts:419


10/01/2019 10:41 AM  
William,
Is your HOA still under Builder/Developer control?
WilliamL16
(Florida)

Posts:13


10/01/2019 11:01 AM  
No.
DouglasK1
(Florida)

Posts:1453


10/01/2019 11:10 AM  
Florida Statute 720 says this regarding member meeting notices:
(5) NOTICE OF MEETINGS.—The bylaws shall provide for giving notice to members of all member meetings, and if they do not do so shall be deemed to provide the following: The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.


Do your bylaws have anything to say?

Escaped former treasurer and director of a self managed association.
GeorgeS21
(Florida)

Posts:1285


10/01/2019 11:23 AM  
William,

With 450 homes, i would expect there to be a property manager ... you’ve called them? Written letter to them? Written letter to the Board? Checked online to determine the corporate status? Checked to see who is on the board in order to contact them by phone, letter, in person knock on the door?
WilliamL16
(Florida)

Posts:13


10/01/2019 11:31 AM  
I spoke with the property manager and HOA BOD in January about this. They both said that they send out election packages every year. As I stated, no one I have spoken to (about 15 people) said they've never received anything concerning elections.
WilliamL16
(Florida)

Posts:13


10/01/2019 11:46 AM  
The bylaws say only that directors are elected at the annual meeting.
SheliaH
(Indiana)

Posts:2701


10/01/2019 12:26 PM  
When you spoke to the property manager, did you ask them to check if they had your correct address in their records? Have you checked with the post office and perhaps filed a complaint? If this is the first time you haven’t received anything, there’s a chance the packet may have gotten lost, especially if your address might be similar to someone else’s (e.g. street numbers are the same, but the street names are different – this has happened to me a few times in my community)

As for bylaws, keep reading – you said the directors are elected during the annual meeting, but there should be something stating when the meeting occurs and how far in advance homeowners should be notified (usually 30 days). If you still don’t see anything (and yes, you should read the whole thing to ensure the information isn’t buried somewhere), what’s stopping you from going to the next board meeting and asking them directly when the meeting’s scheduled? Better yet, have those 15 people you talked attend the meeting with you – if the board members know you aren’t the only one with this problem, they might take it more seriously.

If you have a website, you might want to suggest that the packet be placed on the website so it can be downloaded. Then, you could do things like print off the proxy (if you’re using one), complete it by hand and return it to the board or property manager.
WilliamL16
(Florida)

Posts:13


10/01/2019 12:38 PM  
Thanks for the prompt reply!

They definitely have my correct address as I've received correspondence from them before. I've lived in my home for 3 years and have never gotten any election info, nor has anyone I've spoken to.

My concern is that they aren't notifying any residents about the elections.

I am curious if there are rules or laws concerning the notification of residents about elections. I just wanted to know the facts before the next HOA meeting.
MelissaP1
(Alabama)

Posts:8601


10/01/2019 3:19 PM  
Elections may be covered in the Articles of Incorporation. Atleast the position definitions and what they do should be there. So maybe look outside just your by-laws.

Documents should mention the election dates etc... Which may be ASSUMED you are to know this information if you have read your documents. Hence why the HOA may not send out the information to save costs. If it's documented does it mean it needs to be sent or understood?

Our says to have elections in January. We then elect our board and then the board members elect the officers from the board pool. So officers positions aren't elected by the members directly. However, we typically indicate what officer position we desire to get once elected.

Former HOA President
ND
(PA)

Posts:349


10/02/2019 6:43 AM  
Posted By WilliamL16 on 10/01/2019 12:38 PM
Thanks for the prompt reply!

They definitely have my correct address as I've received correspondence from them before. I've lived in my home for 3 years and have never gotten any election info, nor has anyone I've spoken to.

My concern is that they aren't notifying any residents about the elections.

I am curious if there are rules or laws concerning the notification of residents about elections. I just wanted to know the facts before the next HOA meeting.




First thing you should do is reach back out to your property manager and ask when the annual meeting is, if there will be elections, and when info will be sent out. Also state that if info has already been sent out then you didn't receive it and are requesting it be emailed to you instead.


I'm assuming you are the homeowner (and not a renter) since you received correspondence before. Ensure that the neighbors you are talking to are also homeowners and not renters. Only the owner will/should be receiving correspondence since only owners are members of the HOA . . . renters are not.

DouglasK1 above provided at least one law pertaining to required notification of HOA members/owners. Check that Florida Statute 720 for other references of meeting notification that might pertain more specifically to elections and annual meetings.

Further, your HOA's governing documents (declaration and bylaws) will provide other rules as to how notification is supposed to be made. Obtain those docs if you don't already have them and your answer should be in there.
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