Condo & Homeowners Association Elections-It is that time of year. I had prepared this useful presentation for association voting. New laws allowing electronic voting took effect July 1, 2015. Are you ready?

1. ASSOCIATION ANNUAL
MEETINGS
AND ELECTIONS
Marcy L. Kravit, CMCA, AMS, PCAM
CAI, Southeast Florida Chapter

3. 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 also
post 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.

4. Homeowner Association’s
ANNUAL 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. • 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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!

23. 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!