A16. If cumulative voting is not allowed, each owner must cast a single vote for three different candidates. So look at the language in the statue and the governing documents as to vacancies.". Our goal for this article is to answer many of the common questions surrounding the election of board members for a condominium association. If cumulative voting is allowed, an owner may elect to pool his or her votes and apply some or all of them to a single candidate. Can emails be sent as a replacement for mailed notices? That stated, we highly recommend that you take the time to follow these steps to avoid any potential headaches. In all likelihood the association would need to re-perform the entire process and hold new elections. Q3. Condo/HOA Board Interim Positions, Explained March 2020. In such cases each unit owner has one vote per open seat as detailed earlier in this document. If a husband and wife own two units within the same association, however, they could both be elected to the board since they represent more than one unit. Here is the language from the IL Condominium Property Act: ..written notice of any membership meeting shall be mailed or delivered giving members no less than 10 and no more than 30 days notice of the time, place and purpose of such meeting; Q1-D.  Must notices be sent via certified mail with tracking? If a ballot has all three votes applied towards Stan, for example, we will figure out how much each of the owner’s votes are worth by checking the percentage of ownership chart for the unit. Plan the interview with the goal of actively engaging the candidate in the interview process. Must notices be sent via certified mail with tracking? CondoCPA is a full service tax, accounting, attest and business consulting firm for the Community Association industry. Q17. Yet another owner may decide to cast one vote for Jimmy, one vote for Molly and one vote for Susan. The use of a proxy is allowed unless it is prohibited in the association’s Articles of Incorporation or bylaws. How are the positions assigned to each board member assigned? (A template is available on this site) Remind the owners that having their current contact information will ensure that the board is able to get critical information to them when required. What information should be collected from the unit owner on the ballot? The most valuable feedback about our service comes from active board members. In such cases each unit owner has one vote per open seat as detailed earlier in this document. How do you determine how many board positions are “open” and need to be filled? Or maybe you have to throw out a bum officer. A1-A. The IL Condominium Property Act does allow for an association to pass a rule allowing the use of secret ballots whereby the voting ballot is marked only with the percentage of ownership for the unit and the vote itself. A10. The unit ownership does not vote to decide on which position each person will occupy while on the Board. The candidate(s) receiving the highest number of weighted votes is the winner. What is cumulative voting? The language from the IL Condominium Property Act is below for your reference: … if a rule adopted at least 120 days before a board election or the declaration or bylaws provide for balloting as set forth in this subsection, unit owners may not vote by proxy in board elections, but may vote only (i) by submitting an association  issued ballot in person at the election meeting or (ii) by submitting an association  issued ballot to the association or its designated agent by mail or other means of delivery specified in the declaration, bylaws, or rule; that the ballots shall be mailed or otherwise distributed to unit owners not less than 10 and not more than 30 days before the election meeting, and the board shall give unit owners not less than 21 days’ prior written notice of the deadline for inclusion of a candidate’s name on the ballots; that the deadline shall be no more than 7 days before the ballots are mailed or otherwise distributed to unit owners; that every such ballot must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person casting the ballot the opportunity to cast votes for candidates whose names do not appear on the ballot; that a ballot received by the association or its designated agent after the close of voting shall not be counted; that a unit owner who submits a ballot by mail or other means of delivery specified in the declaration, bylaws, or rule may request and cast a ballot in person at the election meeting, and thereby void any ballot previously submitted by that unit owner;.. Q9. None of the other board members would accept the treasurer's position, and our president now has a dual role. This will be defined in your association’s governing documents. Sadly, communities sometimes experience a … If there are two open board positions, each unit owner has two total votes. If a candidate requests a list of all owners so that he or she can lobby for their votes, must the Board provide this information? A ballot is simply a tool given to a unit owner to document his or her vote(s). Phone: 773.913.2569 I hope that the information being shared makes the lives of my fellow board members in Chicago a bit easier. Wildflower Condominium HOA Website, Mammoth Lakes ... Managers & Board-CCR's-Meetings Rules for Dogs Wildflower Projects Woodburning Inserts Utilities, Town & Other Mammoth Websites Board Candidates Bio's and Statements. Ballot 5: Unit 1, Vote = Bob If there are two open board positions how many votes does each unit owner have? A11. As always, if you have questions that were not answered please feel free to email us at blog@connectedmanagement.com. Executives, whether currently employed or engaged in a job search, can benefit from becoming a member of the board. Many boards have all positions open for re-election each year. It is important that board members have a strong sense of decorum, as they are privy to sensitive information about residents and financial matters. Condo/HOA Board Interim Positions, . Mailed letters are still required. Other […] It only takes a single owner to raise the issue and the Board will be faced with a serious problem. Is the use of a proxy always allowed? Because a resume for nomination to a board is different from a job application, you can keep your resume short … Since the owner applied all three of their votes to Stan, we will give Stan 36 points. This decision will affect the options available related to proxies, which will be reviewed later in this document. Installment contracts are an alternative to traditional mortgage financing and is most typically offered to buyers that cannot obtain a traditional home loan. This means that if you have a 3-member board, at least one spot must be open each year. Let’s first define what an installment contract is. The downside to this approach is that since the candidates are not known until the time of the meeting, it is impossible for an owner who is unable to attend the meeting to cast their vote in advance. This only applies if more than one board position is open. Ballot 2: Unit 6, Vote = Stan "Do we need to assign one of our current members as interim president and interim vice president to be legal? Must this board act? For Ballot #5, we find that Unit 1 carries a vote worth 8 points. Nevertheless, ALL directors should still maintain an active interest in the operations of the association. Here are the HOA officers job descriptions: HOA Board President. If you have a question you need answered, post it on the message board. "It's just a matter of reorganization, and that just needs to be done at a properly noticed board meeting.". © 2021 Connected Property Management LLC. Another owner may elect to cast all three of his votes for Jimmy. In the association’s declaration document you will find a list or table documenting the units within the association and the percentage of ownership allocated to each. This is usually accomplished by notifying owners that all candidates need to notify the board by a certain deadline if they wish to be listed on the official candidates list. Whether you are the President or an At Large member of the board, your vote is counted the same. Thankfully there is no requirement to track the notices being mailed. "You're always an interim officer because these positions are temporary in nature, usually for one year, and then the board revotes on the positions. Ballot 6: Unit 4, Vote = Bob. Q19. If this new board makes any decisions it could then be argued that the decisions are also invalid since the Board was not properly elected. Q1-H. What happens if the board does not follow one or more of these rules? Lastly, unless specifically stated otherwise on the proxy form, no proxy is valid for longer than 11 months. You must refer to your association’s bylaws to determine if cumulative voting is allowed at your association, but it is most often permissible in our experience. In order to make this rule work the Board needs to jump through a few hoops from a process perspective. A20. Upon learning of the vacancy, I … I will now mark down “+23” next to Stan’s name. Serving on a homeowners association board of directors is a thankless job that often fails to receive the recognition it rightfully deserves. "When I think of the term interim, I think of officer positions," says Alessandra Stivelman, a partner who specializes in community association law at Eisinger Brown Lewis Frankel & Chaiet in Hollywood, Fla. "Those can change. Recently, one of the directors resigned, creating a vacancy. Otherwise the owner must trust the proxy to make decisions on their behalf. The Board will elect the officers of the Board, usually four positions (President, VP, Secretary and Treasurer). "So taking the community through the process of candidates being appointed for two or three months might not be worth it when there's not a whole lot that needs to be done in that period such that the board needs two or three more voices to talk about the issues," she advises. Both are elected to the board; first place or second place makes no difference. If it would cause angst to fill them, then don't. An organization’s bylaws will state which committee has responsibility for nominating board members. The owner of each unit has a single vote for each open board position. But it's still a placement. If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? Q20. What should happen to the ballots that are collected? Our elections are coming up in three months. The honest answer is that nothing bad will likely happen if the Board fails to follow the rules related to elections and many of the other requirements detailed in the IL Condominium Property Act. The board is typically elected, and then the directors choose among themselves who the officers will be. Can we post a notice in a common area instead of mailing notices? Completed ballots are returned to the election leader where they can be counted and the winner(s) can be determined. Since the buyer is not the legal owner of the unit the question becomes which of the parties (seller or buyer) retains the rights of an owner to vote, participate on the board, etc. This means that if the owner was a candidate then he or she must be allowed to be present when the ballots are counted. A4. The Board may require evidence of the contract showing that these powers have been transferred to the buyer. Condo/HOA Board Interim Positions, . Per condominium law the two positions are distinctively different, and Officers do not have to be Directors (although they normally are) and vice versa. I will now mark down “+18” next to Bob’s name. 1. Sign up Others use 2-year terms with staggered start dates. What information about the candidates can be provided to the unit owners, if any, to assist them in evaluating the options? "So let's say we have a seven-person board and find ourselves for whatever reason down three people on the board, and we're still six months away from the annual meeting. As long as the president has the right aims and goals for running the condo, their job can be very rewarding indeed. The law requires that any candidate, or the candidate’s representative, be allowed to be present at the counting of the ballots. If it would cause cost, then don't fill them. The board of directors must ensure the corporation is run in compliance with the Condominium Act. This deadline can be no more than 7 days before the ballots are mailed to the unit owners. Must complete the Condominium Director Training Program Each officer has specific duties and responsibilities related to the operation of the association. First, ballots must be mailed or distributed to unit owners 10 to 30 days before the election meeting. Q11. Email: sales@connectedmanagement.com The Act then defines majority agreement as being achieved if “any one of the owners cast the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.” In short, as long as none of the co-owners complain, the vote is assumed to represent the majority consent of the owners. An HOAleader.com reader asks, "We have a seven-member board, but both the president and vice president resigned, so we've been working with five members only. The Act requires that the rule also have a documented method used to verify the status of the unit owner issuing a proxy or casting a ballot. This only applies if more than one board position is open. Usually, an interim position is just a replacement position. Any further positions, such as a Vice President or “At Large” members will be defined in your governing documents. Each owner is given a ballot where he or she will write their name, percentage of ownership and how they would like to cast their votes. Watch our video testimonials to learn about their experiences with Connected. What is cumulative voting? I will now mark down “+12” next to Bob’s name. Determining which unit owners wish to (or are willing to) be on the board can either take place during the meeting or beforehand. This is in contrast to a traditional board meeting where the members of the board meet to conduct their normal business. At minimum, a condo corporation must have two officers: a president and corporate secretary. (This rule would be in the association’s Rules & Regulations). Address: 3047 N Lincoln Ave #400, Chicago, 60657 (Unit owners are also allowed to attend normal board meetings). Any HOA member in good standing is free to run for a position on the board. . Therefore there are a total of 100 points available amongst the unit ownership for each open board position. 3. (President, Secretary, etc). Q: My condominium association has a 5 member board of directors. Or it's considered stepping on toes to appoint someone out of the blue. What Does the HOA Board President Do? Meetings typically occur once a month, though they can happen more or less frequently. This article is part of an ongoing series in which we'll take your questions from the HOAleader.com discussion forum and get you the answers you need from experts who specialize in association management. The person must either be an official candidate or one of the candidates must deem the person to be their representative. "The interim president would be whomever the board votes as the president. Stan is the winner since he received the highest total number of points, albeit from only two unit owners. A21. That stated, in our experience most associations in Chicago do allow voting via proxy. The president runs the … A1-C. No. Good officers help the board conduct board business. The election is only to determine which owners are elected to the Board. Condominium Association Annual budgets Your annual budget calculates the total amount of assessment payments required to support the association’s expenses and savings. The board must act with knowledge and after adequate deliberation. What happens if the board does not follow one or more of these rules? What are the two methods available for the list of candidates to be gathered? The Rules for Appointing Members to Your HOA Board of Directors; What to Consider When You Appoint a New HOA Director; 4 Tips; HOA Leadership Roles and Duties: A Guide to the Positions of President, Vice President, Secretary, Treasurer, and Board Member in Condo … How are the positions assigned to each board member assigned? The IL Condominium Property Act does not make any requirements related to notifying unit owners about election results. Specifically, the vote is based on the percentage of ownership within the association that the unit represents. Elections happen at a special type of meeting called an “annual meeting” or “members meeting”. Normally this is nothing more than a piece of paper which contains a list of the eligible candidates. Don’t get too comfortable! The Act is specific that only one of the parties can participate at any time. The proxy form, provided by the Board, is completed by the unit owner and defines the person authorized to attend the meeting in their stead. Board member/director: Most condo boards have an odd number of directors, which helps ensure that all votes have the same weight. Or maybe the definition is even more fluid than that. Facebook Twitter 1 Google+ LinkedIn 1 It happens all too frequently. This information must be provided within 30 days of the request. If candidates are known in advance then owners utilizing a proxy may elect to define how their votes are to be cast by the person showing up in their place. Unless otherwise stated in your association’s bylaws each owner’s vote is weighted based upon the unit that they own. This article is part of an ongoing series in which we'll take your questions from the HOAleader.com discussion forum and get you the answers you need from experts who specialize in association management. Q13. "I think it's a made-up term, not a statutory thing," says Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who has specialized in community association law for 19 years. Your good faith is not enough. Yes, we should probably appoint three people to serve in the interim. Related to the casting of votes the IL Condominium Property Act states that when there is more than one owner of a unit, if only one of the owners is present at a meeting, he or she is entitled to cast all the votes allocated to that unit. As you will quickly see, the process is the same even if there are multiple open board positions, cumulative voting, or hundreds of units that are voting. The position of a condo board president is not for everyone; the responsibilities and accountability are immense, but fortunately, a president has a condo board for support. Q1-G.  What if we do not have reliable mailing addresses for all owners? What information about the candidates can be provided to the unit owners, if any, to assist them in evaluating the options? A15. Board members who refer candidates should be clear that if they are offered a nomination that they are being hired to take a job. If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? If there are multiple owners of a unit, how do they vote? For example, an owner may decide to cast two votes for Jimmy and one vote for Molly. For Ballot #4, we find that Unit 3 carries a vote worth 8 points. Q21. What notices, if any, must be sent to the unit owners related to this meeting? . If more than one of the owners are at the meeting, the votes allocated to that unit may be cast based upon the “majority agreement” of the owners, unless the association’s declaration expressly provides otherwise. We know that the total of all units’ percentage of ownership is 100%. If there are multiple owners of unit only one shall be eligible to serve as a board member at any time. Q8. There are several benefits to having potential Board members complete an application to join the Board, including: For instance, if the board has three open positions, each unit owner has three votes. Hello, cheap cable! For instance, if the board has three open positions, each unit owner has three votes. Q2. Q:I live in a 30-unit condo, subject to condo documents and rules. Let’s imaging each vote is worth 12 points. Deed-initiated homeowners associations have become an essential part of the overall concept of residential property ownership in today's marketplace. If I am responsible for calculating the winner then I will have a stack of completed ballots in front of me. The key with multiple open positions is to remember that each owner will have one vote for each open position. A1-G. I will now mark down “+8” next to Bob’s name. Many boards also have one or more vice-presidents, and a treasurer. Let’s assume that there is one open board position for this association’s election with two candidates, Bob and Stan. For Ballot #1 I will refer to my percentage of ownership table and find that the owner of Unit 5 has a vote worth 31 points. 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