So last week we spoke about all of the things that can go wrong with your first and second notice of the annual meeting. Today, let’s talk about what can go wrong on the night of the election.
Again, the purpose today is not to answer questions, but to show how many questions can arise.
Suppose several Board members require that the annual meeting be moved to a date other than the date required in the bylaws? Suppose on the night of the election in an HOA there is not a quorum of owners in attendance? Does it matter if the HOA asked for candidates names in advance of the election and an election is not required because there are not enough candidates for an election? Can owners vote by proxy in an HOA? What about in a condo? Are you sure? Suppose there is not a quorum of owners in attendance at the condo annual meeting. Can we still have an election? If so, suppose 30% of the owners participate in the election. Is the election still valid? But suppose your condo is older and does not have “as amended from time to time” language?
Who is allowed to open the envelopes? How are signatures verified? Suppose the name is right on the envelope but it does not match the owner’s handwriting? What happens if a voting certificate is required as per the bylaws but there is none on file? Are you sure? Suppose owners are in foreclosure, can they vote? What happens if we get two envelopes for the same unit? What happens if the ballot was only returned in the outer envelope? Is there a procedure to properly count and tally the ballots? Suppose there is absolutely no signature on the envelope? Suppose there is no signature but the name is only printed?
And after all of that…………your nightmare happens……………….there is a tie between two candidates! What do you do now?
Again, the point of the blogs for the last two weeks is not to answer the plethora of questions that were raised, but just to show that a plethora of questions can arise. It is imperative for the managers of their communities they serve and attorneys for those communities to work together on every single aspect of the association’s election. They have to help and watch out for each other. One little mistake can require starting the process all over again. Plenty of times over my 32 years I have prepared a notice or document for an election where the heads up manager caught an error before it went in the mail and vice versa. That’s teamwork.
So………….good luck with your annual meetings everyone. And managers, don’t forget to give me a call. Let’s work together.
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