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Articles Posted in Meetings and Elections

One of the more notable developments resulting from the 2015 Florida legislative session included a change to community association statutes establishing the opportunity for associations to offer their members the ability to vote electronically.  While many community association stakeholders have had an immediate reaction to jump on the  e-voting bandwagon, we have counseled — and will continue to counsel — our clients to proceed with caution, as with all new innovations presented during the digital age.

We have come to find that electronic voting may benefit some community associations, while it may not address the voting concerns of others.  In light of this, we will continue to encourage community association board members, managers and owners to seek competent legal advice regarding whether electronic voting is a good option for their association.  If the decision is reached to implement e-voting as an option, community association board members and managers should work with their lawyers to evaluate which online voting provider’s system is best suited to meet the needs of their association, while making sure the software complies with the Florida community association online voting requirements.

Additionally, it is advisable that associations use an electronic voting system provider that is independent from its law firm and management company, so as to ensure that the integrity of the association’s voting process is best protected.

VTRIn our efforts to vet online voting systems, we realized that most lacked the basis for proper application in basic community association settings or lacked the flexibility to adapt to unique voting situations.

After multiple months of research, we were successful in identifying a provider well suited for community association use.  VTR, an e-voting software system owned and operated by FOB Software, is one provider we feel community association directors and managers should consider.

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Firm partner Roberto C. Blanch, who has written extensively about community association fraud in this blog and recently authored an article on the topic for the op-ed page of the Miami Herald, appeared on Spanish-language television network AméricaTeVé’s popular “A Fondo” live show hosted by Pedro Sevcec yesterday at 8 p.m.  He was joined by one of the two journalists from el Nuevo Herald behind the newspaper’s investigative series exposing possible fraud at several South Florida condominium communities.  The segment specifically focused on board of directors election fraud, and several cases of suspected fraud were discussed.

Community association attorneys are often asked about the lack of uniformity in the Florida laws and regulations for condominium associations and those for homeowners associations. There are many differences between the statutes governing condominium associations and those for HOAs, and condominiums are much more heavily regulated.

The year-end holiday season is also the season in which most community associations celebrate their annual meetings and elections. But no matter when your community association celebrates its annual meeting and election, it is important to begin the planning and organizing process well in advance in order to help ensure the best possible outcome.

For the second consecutive day, an article on important issues for community associations authored by one of our firm’s partners appeared today as a guest column in the Daily Business Review, South Florida’s only business daily and official court newspaper. Partner Michael E. Chapnick with our West Palm Beach office wrote the article in today’s edition of the newspaper about the new electronic voting law for community associations. His article calls for the state’s Division of Condominiums to establish an approval and certification process for the e-voting systems providers. It reads:

As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that association meetings and elections run as smoothly as possible. This topic further serves as a priority to many of our community association clients, causing many of them to inquire about safeguarding their election procedures and other issues such as perceived discrepancies between statutory election guidelines and the related provisions of their associations’ governing documents.

GaryMars.jpgThe following article authored by the firm’s Gary M. Mars appeared in the April issues of Our City Weston and Our City Davie magazines:

Yet another report about an ongoing dispute involving alleged board member malfeasance at a Broward County condominium association has made the local nightly newscast on Local 10 News (WPLG, ABC). The report by the station’s Bob Norman chronicles the concerns of a number of the residents at the Summer Lake Condominium in Oakland Park over the actions of their association’s board of directors, which has been fined by the state’s Division of Condominiums for failing to hold timely elections.

With the new year comes new plans, new resolutions and . . . elections. For many community associations election season is well under way and, as easy as an election may seem (go out, get the votes, and count the ballots – right?), there are so many statutory nuances in the electoral process that, if handled improperly, can invalidate the entire election and cost the association both time and money. In an effort to assist association boards and hopefully avoid costly mistakes during the process, we have outlined the pertinent information that you need to know.

Nicole Kurtz, one of our firm’s other community association attorneys in our Miami office, wrote in this blog in September about a fight caught on video at a Sunrise HOA board meeting that was aired by WPLG Local 10 on the station’s nightly newscast. Well, it did not take long for the station to air another story featuring a brawl as well as nasty arguments videotaped at another local HOA community.