Election of HOA Board Members at Turnover

Started by ChrisL15 • 4 replies • 3200 views

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ChrisL15 (Florida)
Posts: 3

Posted:

The turnover from our developer to owners for our small FL HOA (72 homes)should occur before the end of the year. Our management firm is inept. Even though owners have requested information about election procedures, our management firm won't provide them and tells us, "There's plenty of time." Our HOA's Bylaws and Articles of Incorporation provide very few details about this important election - only that four Board members will be elected (President, VP, Secretary, & Treasurer)and by plurality. I am a member of an Ad Hoc Turnover Committee, and I am trying to find Best Practices for this election. We want to ensure that things are done right, and this means careful and advance planning. We have many questions - for example - Do candidates run for particular offices, or does the candidate receiving the most votes becomes President, the candidate with the second most votes becomes VP, etc.

Does anyone know of a Best Practices source for a turnover election? Can anyone provide a sample election ballot? Any help you could provide would be very much appreciated.

Thanks!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Chris

Some quick answers but it will get wilder, many of my responses are generic, responses not in order, and others will chime in:

Your docs will typically say a BOD of 3 to 7 members. Usually most will have an odd amount (3-5-7) to prevent ties. I would say at 72 homes more then 5 are not needed.

Covenants are the overall guide like say a BOD of 3 to 7, but Bylaws tell you how to elect them. You and the Ad Hoc group need to read, discuss, and understand Covenants and Bylaws.

Once the turnover happens, the BOD will decide on the management company and even if one is needed. At 72 homes you might consider self (BOD) managed versus pay a management company.

The owners elect the BOD, the BOD elects its officers.

Is the turnover with the declarant/developer)expected to be harmonous or antagonistic? Regardless, trust but verify, especially with any monies like a reserve.

I would be considering an attorney with HOA experience to assist you all in taking over. How to pay for this is another question.

As I said, short/simple answers to a complex issue but others will chime in.

Now on top of this all, FL has some overy pedantic rules and regulations.

Hope this helps.

CarolF (Florida)
Posts: 435

Posted:

To start.........read the Florida statutes that apply to HOA's

http://www.leg.state.fl.us./Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Copy and paste into your browser

KaushalV (New Jersey)
Posts: 25

Posted:

Chris,

I don't have a link to best practices and cannot offer a sample ballot. I can offer the following -

1. In my association, 3 board members are elected initially. Board can then select officers (President, etc.). Once person can hold multiple positions with some restrictions.
2. Search for website of FL HOAs. Some may have their CC&R and bylaws as PDF. You can view them and learn about their election process.
3. Search your county clerk's office records (my county has them available online). I believe CC&R and bylaws are required to be filed with county. So, you may find CC&R/by-laws for associations near by. You can learn what they do and use what seems right for you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ChrisL15 on 08/09/2012 2:27 PM

Do candidates run for particular offices, or does the candidate receiving the most votes becomes President, the candidate with the second most votes becomes VP, etc.

Typically, the membership elect individuals to serve as Directors.
Directors are all equal and have one vote each at Board meetings. Majority vote wins.

The Directors, once elected, would then appoint Officers (President, VP, Treasurer, Secretary). Typically the appointments are made amongst the elected directors. When this happens, that individual holds two positions; Director and Officer. Officers, implement the decisions of the Directors.

Quote:

Posted By ChrisL15 on 08/09/2012 2:27 PM

Can anyone provide a sample election ballot?

I've attached a copy of a basic ballot.
Feel free to modify as needed.

Quote:

Posted By ChrisL15 on 08/09/2012 2:27 PM

Any help you could provide would be very much appreciated.

Here are some links that could be useful:

FL Condominium Act (if applicable)
FL CHAPTER 720 HOMEOWNERS’ ASSOCIATIONS (if applicable)
Florida Not For Profit Corporation Act. This will address elections and other business functions.
HOATalk Thread on Transistion scroll down to post by RogerB from Colorado who provides a checklist
HOATalk Thread on Reserve Studies
CAI Best Practices Reports CAI=Community Association Institute
Spotlight Series downloads Leadership Handbooks by the National Association of Parliamentarians®

The most important documents will be:
Your Association Governing Documents
Your State Laws
The checklist by RogerB

Hope this helps,

Tim

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