Articles Posted in Meetings and Elections

Online rather than in-person meetings for community association boards of directors became very popular during the height of the Covid pandemic. Their use has diminished since then, but they still remain a popular option for many boards and committee meetings to facilitate effective administration and operations.

Whether it is on Zoom, Workspace, Teams or another internet-based meeting platform, conducting a virtual board meeting instead of an in-person meeting can be a highly effective problem solver for many associations. Communities need to rely on dedicated volunteers, and online meetings are sometimes the only option for busy directors and committee members to be able to take part.

In addition, for emergency meetings or special meetings that need to be held offsite and/or kept private, online platforms provide a convenient and efficient option. Online-meet-300x200 If a property is heavily impacted by a hurricane or other disaster and it is inaccessible, having the preparations in place for online meetings can enable directors who may have evacuated to other locales to effectuate immediate decisions and actions.

For special meetings of the board, such as those to discuss private personnel matters and potential changes, the virtual option is often the best choice. They can be organized at the spur of the moment should the need arise, and their convenience for all the participants makes it much easier to achieve a quorum on short notice.

January 10, 2023

Resolutions Aren’t Just for the New Year: Association Board Resolutions Require Careful Consideration, Execution

Homeowners and condominium association boards of directors use official resolutions enacted and approved by the directors during board meetings as a key management and administrative tool. The elements that are involved in creating effective resolutions are universal, and they should be known and utilized by all board members for every resolution they put to a vote at an official board meeting.

Resolutions are formal statements created and enacted by an association’s board of directors on its official policies and decisions. They should cover the purpose for the resolution, the action(s) that will follow upon its ratification, and the basis for the board’s authority to make the decision.

Common association resolutions are those covering administrative matters and changes. Based on varying provisions of an association’s governing declaration and documents, these could focus on elections, meetings, amenities, special events, or other aspects of association operations that may require attention.

boardmeet-300x200 Other typical resolutions are those affecting association rules, policies and restrictions. These are meant to clarify the duties and rights of the owner members, such as the maintenance of the exterior appearance of homes, pet restrictions, vehicles/parking, and any other issues that may arise as communities evolve.

October 18, 2022

Tips for Florida Community Associations Considering Online-based Voting

With the passage of a new law in 2015, the Florida legislature made online-based electronic voting an option for the state’s community associations. Many associations have since adopted the use of electronic voting for their meetings and elections, and the supporters thereof have claimed that is has yielded a number of benefits including increased membership participation and improved tracking of owner participation, trends and interests. Here are a few helpful tips for those who are now considering the implementation of electronic voting in their communities.

Boards of directors should first be aware that if they wish to implement an internet-based voting system for the votes of their owners, they must do so in compliance with the statutory procedures applicable to their respective associations, which include the adoption of a resolution supporting the platform at a properly noticed meeting. Once approved, associations should notify the owners of the change as well as the procedures and deadlines for owners to opt-in or opt-out via written responses that are added to its records.

Florida law requires that community association e-voting systems must be able to authenticate owners’ identities and receive ballots in a manner that ensures their secrecy and integrity. For board elections, the owner-identifying information must be separated from each ballot to render it impossible to tie authenticated ballots to specific owners. The systems must also be able to store and keep electronic votes accessible for recount, inspection and review purposes.

August 22, 2022

No Better Time Than Now for CAI Civility Pledge

As the election season begins to get into full swing in anticipation of the upcoming mid-term in November, the polarized nature of today’s political and social environment makes this an important time to remind community association directors and unit owners of the importance of the need for civility and respect in their interactions with their neighbors. These times, when yard signs supporting candidates and social causes/organizations have led to skirmishes and hostilities in connection with past elections, make this an ideal moment to remind stakeholders in communities of the efforts that can be deployed to promote civility among neighbors.

While we are often reminded about the importance of preserving our individuality, it is also vital to remain tolerant of others’ individuality. This concept is even more relevant within community association living – in which many individuals with different points of view, ideals and opinions are required to coexist with each other in a relatively small area, and also to share in the use and upkeep of common facilities. Communities in which owners display high levels of volatility and intolerance may be considered undesirable places to live, where discord may stand in the way of progress.

At the other end of the spectrum, some communities choose to avoid conflicts in situations that could result in the stagnation of progress or in the deterioration of the fabric of the community, possibly even resulting in declining property values.

In light of the potential for adverse results that may arise due to community conflicts, unit owners as well as directors and managers should focus on efforts to advance the objectives of their community while remaining tolerant of differing opinions, approaches and points of view.

July 8, 2022

Effective Association Record Keeping Begins with Concise, Complete Meeting Minutes

Community association board meetings are where the rubber meets the road for practically all association administrative matters. The agendas for these meetings and the minutes that ensue form a vital record of all the matters that have come before the directors of an association over the course of the entire lifespan of a community. Given the significance of the meetings, it is imperative for effective notes or “meeting minutes” to be kept to document all of the pertinent information from each and every official assembly.

As a general rule, meeting minutes should be thorough, but concise. They are not intended to be a transcript of everything said at a meeting.

Instead, the best approach is to start by listing the date, time and place of the meeting; listing the board members present/absent and additional participants such as the association property manager or attorney; and including the name of the individual taking the minutes. meet-300x166 A copy of the agenda and notice should be attached to the minutes.

Once all of that is out of the way, the minutes should include a list of all the issues and reports that were presented and discussed at the meeting. For each issue which resulted in a motion, the minutes should include the exact wording of the motion, the names of the directors who made the motion and seconded it, and whether the motion passed or failed.

June 9, 2021

Suit Against Boca Condo Association Spotlights Importance of Governing Document Amendments, Filings

A lawsuit that was recently filed against the Promenade at Boca Pointe Condominium Association highlights the importance of properly adopting changes to an association’s governing documents and recording them in the local court registry where the association is located. If the allegations in the lawsuit hold up in court, the association for the Boca-area community could be forced to pay the plaintiff unit-owners’ lost rental income and legal bills.

According to the suit, the association is making up rules to prevent condo owners Gerardo and Ana Vizcaino from leasing their unit for a full year. The suit states that the association’s new rule, which it apparently adopted at an August 2020 board meeting after a simple vote of the board the directors, was never approved by the members by a formal vote.

Indeed, the suit alleges that the association president acknowledged in a notice to all of the unit owners that the board’s adoption of a rule restricting rentals to one tenant per 12-month period was invalid because it had not been approved by the unit owners via an amendment to the governing documents. The only restriction in the association’s recorded declaration pertaining to rentals states that owners are only restricted from renting units for terms of less than thirty days. No other restrictions are included in the recorded governing documents.

April 5, 2021

A Primer on Florida Community Association Voting By Proxy

Community associations often struggle with securing a quorum, which is the minimum number of voting interests required to be present in order to conduct a meeting of the members, and this challenge has been exacerbated by the pandemic. One of the most effective ways for associations to secure enough votes from unit owners to achieve a quorum and conduct their business is through the use of proxies.

A proxy is a document that allows a designated individual to attend and participate in a meeting in place of a unit owner. Florida condominium laws provide that unit owners may not vote by “general proxy” but may vote by a “limited proxy” that substantially conforms with the form provided by the state’s Division of Condominiums, Timeshares and Mobile Homes.

meeting-vote-300x300 Limited proxies for association votes must contain a specific statement of what the unit owner is voting on and how the unit owner is voting. A unit owner cannot vote on specific substantive questions by a general proxy, which can be used only for the purposes of establishing a quorum and non-substantive votes, e.g., the approval of minutes, adjournment or continuance of meetings, and other matters that do not specifically require a limited proxy.

February 22, 2021

Charges Against Former Marco Island City Councilman for Condo Election Fraud Demonstrate Need for Careful Oversight of Association Elections

Recent news reports chronicle the tale of a former Marco Island city council member who was charged with three counts of forgery of a ballot envelope and three counts of criminal use of personal identification information, which is third-degree felony, in his condominium association’s annual board of directors election.

The reports from the Naples Daily News and several Southwest Florida television stations indicate Victor Rios, 78, was charged with forging ballots for the Belize Condominium Association election to remain a board member. Several ballots for the property’s March 2019 condo election were cast under the names of residents who testified that they had not voted in the election, and their signatures on the outer ballot envelopes were forgeries.

Complaints alleging election fraud were filed with the state’s Division of Condominiums under the Department of Business and Professional Regulation, and with the Marco Island Police Department. MIPD subsequently asked the Florida Department of Law Enforcement to investigate the matter because Rios was a sitting city council member at the time.

January 28, 2021

Conducting Community Association Virtual Annual Meetings in Compliance with Florida Law