Basically, this is having someone else show up and vote on your behalf. 3. Because a resume for nomination to a board is different from a job application, you can keep your resume short … As always, if you have questions that were not answered please feel free to email us at blog@connectedmanagement.com. Condo Association Board Elections - how to run a proper annual election, Chicago Recycling Ordinance - A Manager's Review, Public Act 99-849 Makes it Easier for Boards to Approve a Loan, Chicago code related to keeping hallways, stairs and exit pathways free of items, Air Rights: Ability to trim trees that cross property lines. When the contract is signed the buyer immediately takes possession of the condo and can move in, but the seller retains legal title to the property until the buyer pays the full purchase price. 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. "In this reader's case, both the president and vice president resigned," she continues. Can we post a notice in a common area instead of mailing notices? A condominium or homeowners association has an upcoming election for the Board of Directors, and no one throws their hat in the ring. "It's just a matter of reorganization, and that just needs to be done at a properly noticed board meeting.". 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. "Some documents say that if there's a vacancy, remaining board members, whether they're a quorum or not, need to or shall appoint people to fill those positions. Or maybe the definition is even more fluid than that. Q10. Elections happen at a special type of meeting called an “annual meeting” or “members meeting”. 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. "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. (President, Secretary, etc). In such cases each unit owner has one vote per open seat as detailed earlier in this document. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. Don’t get too comfortable! The ballots and a meeting notices must be mailed out 10 – 30 days before the date of the election. At what meeting does the election of board members occur? Q2. To achieve this the board must notify all unit owners and give them no less than 21 days’ written notice of the deadline for submitting their name if they wish to be included on the ballot as a candidate. (Remember, however, that all votes are not weighted equal). Everything still works the same including converting the owner’s vote into points and adding them up based upon the candidates that the owner votes for. How can you determine if cumulative voting is allowed? The owner of each unit has a single vote for each open board position. Sometimes, you can talk to enough homeowners to find someone motivated by responsibility who will sign on for the job. Q1-G.  What if we do not have reliable mailing addresses for all owners? The board must act with knowledge and after adequate deliberation. CondoCPA is a full service tax, accounting, attest and business consulting firm for the Community Association industry. For example, an owner may decide to cast two votes for Jimmy and one vote for Molly. The board must then mail out the ballots, presumably with the meeting notices, to all owners within a week of passing that deadline. Although condo owners are responsible for repairs within their … A1-G. Directors are elected by the condominium owners to govern the condominium association; whereas, Officers are elected by the Board of Directors to perform special functions for the Association. For Ballot #2, we find that Unit 6 carries a vote worth 23 points. How do we determine the number of board members that we should have? If your board is struggling to maintain current contact information you may want to send a contact information form to all owners via email and postal mail and ask them to complete and return the form. With membership comes certain maintenance obligations, financial responsibilities, and a commitment to abide by use restrictions and other rules of the associati… If there are two open board positions how many votes does each unit owner have? 2. ensure all required maintenance and repairs are carried out 3. hire specialists, like engineers, to update the reserve fund studyevery three years. Q1-F. Can we post a notice in a common area instead of mailing notices? The board must not express a preference in favor of any candidate. It only takes a single owner to raise the issue and the Board will be faced with a serious problem. Since the owner applied all three of their votes to Stan, we will give Stan 36 points. Let’s first define what an installment contract is. This means that if you have a 3-member board, at least one spot must be open each year. Stan is the winner since he received the highest total number of points, albeit from only two unit owners. This will be defined in your association’s governing documents. The candidate(s) receiving the highest number of weighted votes is the winner. What is cumulative voting? If it would cause angst to fill them, then don't. A1-B. What notices, if any, must be sent to the unit owners related to this meeting? An organization’s bylaws will state which committee has responsibility for nominating board members. This is by no means a complete list of questions, but it should provide anyone with a good understanding of how this process should work. None of the other board members would accept the treasurer's position, and our president now has a dual role. That stated, we believe that this is an important step since there is typically a low turnout at most meetings. If you have a question you need answered, post it on the message board. Recently, one of the directors resigned, creating a vacancy. An interesting section of the IL Condominium Property Act allows the board to pass a rule whereby unit owners may not vote by proxy in board elections, but instead have two options for submitting their ballot. Nevertheless, ALL directors should still maintain an active interest in the operations of the association. Q1-E. Can emails be sent as a replacement for mailed notices? What notices, if any, should be sent to the unit owners after elections occur? How is each unit owner’s vote weighted? At what meeting does the election of board members occur? Just count your points and keep a tally next to each candidate! What Does the HOA Board President Do? So look at the language in the statue and the governing documents as to vacancies.". Any further positions, such as a Vice President or “At Large” members will be defined in your governing documents. For instance, if the board has three open positions, each unit owner has three votes. "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. 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. 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. Notices making unit owners aware of the meeting must be sent 10 to 30 days before the meeting. Unless the association is using secret ballots (reviewed in the next question) a typical ballot will require the owner to provide their name, unit information (to determine percentage of ownership) and their vote(s). The Board will elect the officers of the Board, usually four positions (President, VP, Secretary and Treasurer). Many boards have all positions open for re-election each year. But it's still a placement. If a resident is purchasing a unit through an installment contract (contract purchaser) can he or she vote? Boards of directors run condo corporations on behalf of owners: They represent owners. What happens if the board does not follow one or more of these rules? The president runs the … Otherwise the owner must trust the proxy to make decisions on their behalf. Sign up Can this person be on the board? The table below shows a sample of a 6 unit condo association and the voting points available to each unit based upon its percentage of ownership. This may be the governance committee, a board development committee, or both of them combined. The main office is in Elmhurst Illinois. It depends. 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. "In that case, board members would step up to be whatever officers. Let’s assume that there is one open board position for this association’s election with two candidates, Bob and Stan. The board of directors must ensure the corporation is run in compliance with the Condominium Act. A1-E. No. What notices, if any, must be sent to the unit owners related to this meeting? Lastly, unless specifically stated otherwise on the proxy form, no proxy is valid for longer than 11 months. I will now mark down “+8” next to Bob’s name. (Meaning, look in your Bylaws). (This would be a rule in the association’s Rules & Regulations). How do you determine how many board positions are “open” and need to be filled? Q8. 4. Board members who refer candidates should be clear that if they are offered a nomination that they are being hired to take a job. Filling vacancies can be tricky business. It’s similar to being the CEO of a company. The election is only to determine which owners are elected to the Board. You must have at least 3 board members; a President, Secretary and Treasurer. For example, if owners weren’t properly notified then the election itself was invalid and it may be argued that the new board members are not official. If there are multiple owners of a unit, how do they vote? A ballot is simply a tool given to a unit owner to document his or her vote(s). That stated, in our experience most associations in Chicago do allow voting via proxy. This only applies if more than one board position is open. Adapted from the Field Guide to Developing and Operating Your Nonprofit Board of Directors.Also see Carter's Board Blog (for for-profits and nonprofits).. Benefits of Using Board Applications. . You should mail notices to the most current address that you have on file for the owner. Normal meeting minutes from board meetings must be maintained for 7 years. The person must either be an official candidate or one of the candidates must deem the person to be their representative. A9. Lastly, the rule must allow any candidates with the right to be present at the counting of ballots. A4. 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. Purchase of a home or lot often brings with it mandatory membership in an association which then provides the structure for operation and management of the residential development. 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. Q4. Q16. Serving on a homeowners association board of directors is a thankless job that often fails to receive the recognition it rightfully deserves. Connected Property Management3047 N. Lincoln Ave #400, Chicago, IL, 60657, P: 773.913.2569F: 773.913.2579E: sales@connectedmanagement.com. Can an association use secret ballots? The ballots must include the names of all candidates. A3. Specifically, the vote is based on the percentage of ownership within the association that the unit represents. The use of a proxy can also be disallowed by a rule, but the rule must provide specific alternatives as detailed next. If there are three open positions, each owner has three votes. Plan the interview with the goal of actively engaging the candidate in the interview process. Installment contracts are an alternative to traditional mortgage financing and is most typically offered to buyers that cannot obtain a traditional home loan. Therefore there are a total of 100 points available amongst the unit ownership for each open board position. Phone: 773.913.2569 This is the same requirement as the meeting notices so they can simply be sent together. 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? Board member/director: Most condo boards have an odd number of directors, which helps ensure that all votes have the same weight. "I have that situation with a condo now. The list of final candidates can then be sent to unit owners along with the meeting notice and proxy form. The alternative is determining which owners are willing to be on the board well in advance of the meeting. When counting votes I find it easiest to turn each owner’s vote into “points” based upon their percentage of ownership. As detailed earlier in this document, all votes are not weighted the same. A1-D.  No. We would advise the board to scan the ballots into a digital format where they can be easier stored in an organized fashion for years. No problem. A15. Site Disclaimer. It may be a good idea to post a notice in a common area of the property in addition to the mailed notices, but the posting itself only meets the requirement of proper notification for normal board meetings. The Board may require evidence of the contract showing that these powers have been transferred to the buyer. (12 +12 + 12) We then move on to the next ballot. But if the annual meeting and election are two or three months away, I don't know that you need to fill those vacancies. If there are two open board positions, each unit owner has two total votes. HOAleader I will now mark down “+18” next to Bob’s name. Mailed letters are still required. "Florida statute says that when there's a vacancy on a board, the majority of the board may appoint someone or the community can do an election," according to Stivelman. Q17. "I've seen where a community will chafe at the notion of an existing board appointing someone even for a short period of time," recalls Peacock. A13. The IL Condominium Property Act is still antiquated with regards to technology and makes no mention of email or other electronic communications. 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. For example, if there are two open board positions, the two candidates receiving the highest number of weighted votes are declared the winners. Be at least 18 years of age. Executives, whether currently employed or engaged in a job search, can benefit from becoming a member of the board. "So an interim position is a misnomer," asserts Gilbert. Normally this is nothing more than a piece of paper which contains a list of the eligible candidates. Both are elected to the board; first place or second place makes no difference. "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. All candidates must be given the opportunity to include their own biographical and background information to be included with the board-generated information. According to the IL Condominium Property Act the buyer can vote and participate on the board as long as 1) he or she resides in the unit, and 2) the sales contract does not prohibit this. The proxy form will allow an owner that is unable to attend the annual meeting to document his or her selections and have another person attend the meeting in their place. If I am responsible for calculating the winner then I will have a stack of completed ballots in front of me. In addition to these, there may be a need to monitor parking or pets, prepare newsletters or supervise maintenance or … The unit ownership does not vote to decide on which position each person will occupy while on the Board. Q6. HOA Finances: Just when the members are doing what they’re supposed to do and everybody is getting along, an officer resigns for some personal reason. 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. Condominium Association Annual budgets Your annual budget calculates the total amount of assessment payments required to support the association’s expenses and savings. To serve on a condominium Board, a person must meet five requirements: 1. The burden lies with the unit owners to keep the Board updated with any off-site mailing addresses. 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. If there are more than one owner of a unit can both of them be on the board at the same time? Let’s imaging each vote is worth 12 points. "Let's say the president is a snowbird, and while she's gone, the board reorganizes and appoints someone else as an interim president during that time," says Stivelman. Q22. Q20. (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. . 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. This depends on how elections have been handled in the past. No matter how good […] The use of a proxy is allowed unless it is prohibited in the association’s Articles of Incorporation or bylaws. Your good faith is not enough. At minimum, a condo corporation must have two officers: a president and corporate secretary. Other […] As an entity, they are responsible for making all major decisions regarding the maintenance of buildings and grounds, condos’ finances, and must uphold and enforce … Read on to learn more about the role of the HOA board president. If there are two open board positions how many votes does each unit owner have? For Ballot #6, we find that Unit 4 carries a vote worth 12 points. Per condominium law the two positions are distinctively different, and Officers do not have to be Directors (although they normally are) and vice versa. A22. All Rights Reserved. Meetings typically occur once a month, though they can happen more or less frequently. Best Practices for Getting Your Homeowners Association through Difficult Economic Times, When You Can Serve In More Than One Condo/HOA Officer Position--And Why You Should Avoid It, When to Remove an HOA Board Member From Office--But Not the Board, HOA Leadership Roles and Duties: A Guide to the Positions of President, Vice President, Secretary, Treasurer, and Board Member in Condo and Homeowners Associations, • Owner Actually Speaking At A Regular Board Meeting, • Dispute Resolution re: fraud used to obtain a hand, • Approving Minutes by email before the next meeting, • Reserve Study & Management Company but new BOD. Although each association is different, the HOA president duties and responsibilities remain largely the same. A10. Q12. What notices, if any, should be sent to the unit owners after elections occur? Regardless of the number of owners, each unit provides its owners with a single vote for each open board position. Condo Board is Elected Elected officers of the condo board consist of the president, vice president, secretary and treasurer, as well as a member at large. "In this case, where you have the president and vice president resign, I think you have to redistribute those officer positons among remaining board members," she says. In such cases each unit owner has one vote per open seat as detailed earlier in this document. 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. Think beyond preparing a series of questions for the interview. I will now mark down “+12” next to Bob’s name. For Ballot #4, we find that Unit 3 carries a vote worth 8 points. For meetings of the members (The annual meeting included) specific mailed notices are required. If there are multiple owners of a unit, how do they vote? Condo/HOA Board Interim Positions, Explained March 2020. Determining which unit owners wish to (or are willing to) be on the board can either take place during the meeting or beforehand. Unless otherwise stated in your association’s bylaws each owner’s vote is weighted based upon the unit that they own. Completed ballots are returned to the election leader where they can be counted and the winner(s) can be determined. Since adopting a new budget typically means an increase to the monthly assessment requirements of your owners, the change can often be met with resistance. The percentage of ownership associated with each unit can usually be found in the association’s declaration document. A16. On my tally sheet I mark down “+31” next to Stan’s name. It is important that board members have a strong sense of decorum, as they are privy to sensitive information about residents and financial matters. A18. 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