Condo voting rules

Can unit owners vote? How far is a quorum from a condominium? What is cumulative voting? Under this rule owners may submit their ballot, 1) in person at the meeting, or 2) by delivering the ballot in advance of the meeting by mail or other means of delivery defined in the rule itself.

Voting rights and procedures for members of a community association are extremely important as the right to vote for the Board of Directors and other important issues that affect a member’s ownership and use of his or her property are central to an HOA members fundamental interest.

HOA voting rules are typically contained within the community rules and bylaws. These documents have all the information that members need to understand the voting procedures to be followed. An understanding of this knowledge makes it easier for members to make smart and informed decisions when voting on important association matters. The Bylaws must also contain many mandatory provisions regarding voting. Condominium Voting.

Florida law permits electronic voting for condominium associations, provided certain requirements have been met. Special requirements must be met before electronic voting will be lawful. Voting also complies with a Florida law authorizing associations to use electronic voting and send official notices via electronic transmission to consenting members.

Obviously, 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. The board of directors for your condominium or cooperative association must be elected by the process prescribed in Chapter 7or 71 Florida Statutes, and Rule 61B- 23. Florida Administrative Code, unless your association has or fewer units and has adopted an alternate election procedure in its bylaws (see Alternate Election Procedures, below). Offer online voting prior to the meeting and conduct your meeting the same as always.

Nobody can vote twice. A quorum is a specified minimum percentage of owners who have to be present, either in person or through a proxy, for a meeting to be valid. In Ontario, it is of all units in a condo.

If one person owns units in a condo of 1units, this person counts for and can constitute the quorum by herself! Only one vote is allowed per unit, so if the condo owner co-owns a unit with one or more other persons, the vote must represent the majority of the owners of the unit. If the owners of a unit are evenly divided on how to vote, their vote will not be counted.

In some condominiums, parking spaces or storage lockers are considered “units”. In order for the of any vote to be vali the vote must be conducted in compliance with the law. Without published election rules , which are then followed and enforce HOAs are exposed to potential liability.

Your HOA will be at risk of lawsuits from any member of the community for violation of the elections law. The association must have additional blank ballots available at the election for distribution to eligible voters who have not yet voted. Ballot voting is the preferred voting method in situations in which knowing how all the members voted isn’t desirable.

You can use a ballot vote to decide either a motion or an election: If the ballot vote decides a motion, the question is clearly stated by the chair, and you’re instructed to mark your ballot Yes or No (or For or Against ). In both instances, the issues of quorum, proxies, and of voting are key and we begin with these. The rules have changed for some American and Canadian condo corporations, at least temporarily, when it comes to e- voting and virtual meetings. Emergency orders have been made to help condos communicate virtually, and maintain some operations that need to be carried out by condo boards. The proxy should note the time and date of the meeting, explains Galvin. Owners could participate in person or by proxy.

This physical presence (or proxy presence) was required for owners to count towards quorum and to cast their vote. HOA Election Mistake 1: Not following your own rules. Time is of the essence.

Our team of HOA lawyers is ready to assist our clients with the steps needed to conform to the changes imposed by SB 323. If all vote, a two-thirds vote requires votes, but a majority of the entire membership is only 8.