ASSOCIATION ANNUAL MEETINGS

AND ELECTIONSMarcy L. Kravit, CMCA, AMS, PCAM

CAI, Southeast Florida Chapter

The Annual Membership Meeting

Most documents will contain detailed provisions with regard to annual membership meetings and elections

providing such information as to:

When? Where?

What agenda items?

Florida Statutes require that all corporations must have an annual meeting!

Statutory reference: 617.0701

Q. What is the proper method by which the board must inform the unit owners about

the annual meeting?

A. The board must give written notice, including an agenda, by mail or delivered to each unit

owner at least 14 days before the annual meeting of the unit owners.

The board must alsopost a notice of the meeting in a conspicuous place on the

property at least 14 continuous days before the meeting.

Condominium: Section 718.112(2)(d)2., F.S.

Homeowner Association’sANNUAL MEETINGS--The association shall hold a meeting of its members annually for the

transaction of any and all proper business at a time, date, and place stated in, or fixed in accordance with, the bylaws. The election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents.

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.

ELECTIONS IN CONDOMINIUMS• Not less than 60 days prior to the election, the first notice along with the

candidate certification form must be mailed or delivered.

• Not less than 40 days prior to the election, candidates must give the association written notice of their intent to run for the board along with the candidate certification form. Are there more candidates than vacancies?

• Those candidates who wish to submit a candidate information sheet must provide it to the association not less than 35 days prior to the election.

• Not less than 14 days nor more than 34 days before the election, the association must mail or deliver a second notice that includes: ballots, envelopes, and candidate information sheets. The annual-meeting notice and agenda must be mailed with the second notice of election. The annual-meeting notice must also be posted on the condominium property.

ON ELECTION DAY• An impartial committee verifies the outer-envelope information at an open meeting.

Outer envelopes not signed by an eligible voter are marked “Disregarded” and are separated from those that will be opened and counted.

• The polls are closed, and the impartial committee, in the presence of the unit owners, begins opening the outer envelopes and placing the sealed inner envelopes in a receptacle.

• The impartial committee opens the inner envelopes. If any envelope contains more than one ballot, the envelope is marked “Disregarded” and the ballots it contains are not counted. The impartial committee tallies the votes marked on the ballots that have not been disregarded.

• New board members start their terms Unit owners must be notified of the names of the new board members and whether one or more seats on the board remain unfilled.

When do you need to have an election?

If you have more candidates that there are vacancies for expiring terms in office, you may need an

election otherwise no election is required. I say “may,” because you need to have 20% of the association’s authorized voters participate,

otherwise you don’t have an election and the “holdover doctrine” kicks in making the current

board continue to exercise its powers until successor board members are appointed or

elected.

Who can or can’t vote?

• Unit owners can vote in accordance with the association bylaws. Voter certificates for

multiple unit owners may be required and are required for corporations and trusts.

Renters, individuals with power of attorney and proxy holders cannot vote in a regular election, nor can one unit owner vote for

another unit owner.

How many ways can you vote?

• You do not have to personally deliver your ballot to the association.

• There are several ways to vote. You can mail your ballot, drop it off at the office, or give it to a neighbor to submit it for you.

• Or you can submit it at the election meeting.

• If for some reason you did not get a ballot or lost the one you did receive, you can get another ballot and the envelopes at the meeting.

• The association is required to have some on hand and to allow you to vote in person.

• Mail it directly to the association or to a friend to bring it to the election for you.

Who can run for the board? • According to the statutes a person who has been convicted of any felony in this state or in a

United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for board membership unless such felon's civil rights have been restored for a period of no less than 5 years as of the date on which such person seeks election to the board.

• Board member term expire at the annual meeting, but a board member can be reelected unless otherwise permitted by the bylaws.

• If the bylaws permit staggered terms of no more than 2 years, a board member can serve 2-year staggered terms if a majority of the total voting interest approves it.

• If no one is interested running in opposition to a board member whose term has expired, that board member is automatically reappointed to the board without having to stand for reelection.

• CO-owners of a unit may not serve as board members at the same time in condos of more than 10 units.

• A person who has been suspended or removed by the division is not eligible to be a candidate. • A unit owner delinquent in the payment of any fee or assessment for more than 90 days is not

eligible to run for office.

How does the election come about? • The notification and delivery procedures put the wheels in motion. Here is an

easy way to remember all the election milestone dates. Remember this number sequence: 60-40-35-34 To 14 and you have all the relevant dates of a regular election schedule. They are the dates of all the events that must take place before Election Day.

• 60 Days Before The Election: The FIRST notice of election is sent to the unit owners. It announces the date, time, and place of the election. A properly prepared notice provides the candidacy cut-off date, the candidate information sheet submission cut-off date, and instructions for completion of the information sheet. Included are the agenda of the meeting and the correct address to which to mail your candidacy.

• NEW: The 60-day election notice shall include a Candidate CERTIFICATION FORM provided by the Division attesting that candidates for board membership have read and understand, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. This form has to be signed and sent to the association by each candidate not less than 35 days before the election.

40 Days Before The Election:

This date is the cut-off date for submitting your candidacy. If you wish to be on the ballot, you have to make sure the association or the

designated election agent receives it before the cut-off date. Personally delivery it or send it by Certified Mail Return Receipt

Requested. The association is supposed to give you a written receipt, but if it doesn’t, you still have proof of timely submission.

35 Days Before The Election:

That is the cut-off date for submitting your information sheet to be included with the ballot and the signed Candidate

CERTIFICATION FORM.

• You are allowed a one-sided 8.5”x11” sheet of paper.• What you say is up to you. The association cannot change any of it,

even if you misspell your name.

• 34 To 14 Days Before The Election: The SECOND notice is sent to the unit owners. It can go out anywhere from 34 to 14 days before the election. Sometimes the association has everything ready to go and can ship early; sometimes they get information sheets on the last day and have clerical work to do with it and that places a delay on sending out the materials. For associations that have many non-permanent resident owners, it is wise to send the notice out early.

• The second notice should not contain any editorial comments for or against the candidates nor should it include any endorsements. The second notice package should contain the ballot, an outer envelope addressed to the person or entity authorized to vote with name, unit number, and a space for signature. Also included should be a smaller inner envelope to put the ballot in, candidate information sheets, meeting agenda, and optionally voting instructions in two languages where appropriate. The association is not required to provide voting instructions. Nor is the association required to provide an affidavit of mailing for the second notice, as it has to do for the first notice.

What about the actual election?

The annual meeting actually combined two meetings--the business (annual) meeting and the election.

You can have one without the other.

You need a quorum for the business meeting and you need 20% qualified voter participation to have an election.

Who conducts the election?

• An impartial election committee conducts the election. The rules on who can serve on that committee are

simple. Verify in the documents whether you have to be a unit owner. You can’t be a current board member, an

officer, a candidate or a spouse of any of the above.

• The impartial committee has these basic responsibilities: validate the outer envelopes, count the

ballots and record the election results. The impartial committee can perform pre-validation of ballots on

hand on the same day of the election, before the election as long as it has been noticed and the

membership can attend to observe. Otherwise, that task is performed at the election.

At the election members should be allowed to vote up until the outer envelope validation process is

completed, at which time the poll should be announced closed, just prior to opening the first

outer envelope.

Both the outer envelope validation process and the vote counting take place in the presence of the

unit owners in attendance.

The SIGN IN PROCESS

• Make sure you have a roster of all current unit owners and a sign in sheet.

• Check off the owners that have submitted their proxy.

• Have plenty of pens and letter openers on hand.• Keep ballots in a safe place to ensure that only

members who signed in ( one per property and as indicated on the voting certificate) receive a ballot.

IT’S SHOW TIME• It is a good idea to hire your attorney to run the meeting. • Especially if there are any proposed document amendments. • Remind members that the meeting is to conduct business

and not to discuss personal agendas. Review the set agenda.• This is also a good time to recognize committee members.

Structure the agenda so that it gives you time to tally the votes.

• Focus on the association’s accomplishments and a “ State of the Association Address” .

• While the impartial election committee is tallying the votes, the meeting can take place.

Election Records

• All election materials must be retained for one year.

• Unit owners can inspect them, on request.

• Book Source: Condo Board Election Revolt • Summary By The Author:• V.Lucier, Florida’s First Chief Election Monitor for Ombudsman’s Office.

TIE BREAKER In the event of a tie the association must conduct a runoff

election for the candidates who tied unless the bylaws provide a different method for deciding tie votes. If a runoff election is required it must be held not less than 21 days or more than 30 days after the date of the election at which the tie occurred. Within seven days of the election at which the tie vote occurred the board must mail or personally deliver to the voters a notice of the runoff election. The notice must inform the voters of the date the runoff election is scheduled to occur, include a ballot conforming to the requirements of the regular election ballot and include copies of any candidate information sheets previously submitted by the candidates involved.

Election Policy and Procedures Resolution

Every association should have a written election policy and procedures resolution so that the board, management,

committees, candidates, inspectors of election, registrars, voters, and proxy holders have policies and guidelines within

which to act or perform their duties.

Board Members Role• Personally encourage members to attend. Welcome them. Arrive

early and mingle with residents over coffee. Once the business meeting has been called to order, conduct it like a shareholders meeting.

• Include a declaration that the meeting has begun, a welcome to the members, an introduction of the board members and manager, and a brief explanation of the meeting's goals. Explain each item on the agenda and what it means. Introduce reports and speakers formally; clearly state motions and their results.

• Maintain control of the meeting. Don't allow the discussion of an issue to stray from the agenda. Conduct the annual meeting in a professional manner. Follow Robert's Rules of Order.

• The goal is to present information in an orderly fashion!

Where are we now? Where do we want to be? How are we going to get there?

• Annual meetings are important to unit owners. • While there is business to be conducted, boards and

management should use the annual meeting as an opportunity to educate and inform the members.

• Use the annual meeting to discuss specific actions taken by the board, and issues facing the association in the future.

• Use the annual meeting to celebrate the association's success!