CarolS13 (Florida)
Posts: 1
Posts: 1
Posted:
If there is no opposition do you still have to hold an election. Seem like an a waste of H.O.A. funds to send out absentee ballots.
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voting for directors
Started by CarolS13 • 6 replies • 1053 views
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TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Yes.
Per 720.306 [emphasis added]:
"(9) ELECTIONS.--Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association".
Per 720.306 [emphasis added]:
"(9) ELECTIONS.--Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association".
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
What about write-ins and nominations from the floor. Do you allow these? (or is this a closed ballot)
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Carol, typically, yes, you must have an election.
I agree, it may seem a waste of money, but most by-laws require an election, no matter what, and many state laws require them. So, spend the money, so that the election is legal.
As for floor noms and write ins, where they are legal, that is a consideration.. you should have the elections so folks get a chance to speak for their money. Where those things are not allowed, however, you still gotta have the election, usually.
I agree, it may seem a waste of money, but most by-laws require an election, no matter what, and many state laws require them. So, spend the money, so that the election is legal.
As for floor noms and write ins, where they are legal, that is a consideration.. you should have the elections so folks get a chance to speak for their money. Where those things are not allowed, however, you still gotta have the election, usually.
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Hi Carol,
That is exactly what is transpiring in my association here in Florida in a few weeks. We have two eligible persons who have declared their candidacy in a timely manner. We also have two open positions. Fortunately for us, we fall under chapter 718 for condominium associations. We will not have to conduct an election this year and thereby save over $1,000 in ballots, mailouts etc..
(see 2nd sentance below)
Florida CHAPTER 718 CONDOMINIUMS 2011
(d) Unit owner meetings.—
2. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term shall be filled by electing a new board member, and the election must be by secret ballot. An election is not required if the number of vacancies equals or exceeds the number of candidates. For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate.
Ann
That is exactly what is transpiring in my association here in Florida in a few weeks. We have two eligible persons who have declared their candidacy in a timely manner. We also have two open positions. Fortunately for us, we fall under chapter 718 for condominium associations. We will not have to conduct an election this year and thereby save over $1,000 in ballots, mailouts etc..
(see 2nd sentance below)
Florida CHAPTER 718 CONDOMINIUMS 2011
(d) Unit owner meetings.—
2. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director’s term shall be filled by electing a new board member, and the election must be by secret ballot. An election is not required if the number of vacancies equals or exceeds the number of candidates. For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate.
Ann
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
AnnJ1, what do your by-laws say about elections?
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Hi Brian.....
Regarding the "no need to hold an election if".... virtually the same as the Florida statutes. I'm attaching a snip of it which is in png format. Hope you can open it.....
However, the by-laws also outline the necessary pre-election procedure.... in case that would be interesting to you...
Ann
Well.... it won't let me attach a png
Attaching a word doc with the png on it!
Regarding the "no need to hold an election if".... virtually the same as the Florida statutes. I'm attaching a snip of it which is in png format. Hope you can open it.....
However, the by-laws also outline the necessary pre-election procedure.... in case that would be interesting to you...
Ann
Well.... it won't let me attach a png
Attaching a word doc with the png on it!
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