Maryland HOA Board of Directors Election

What do your bylaws say about how elections for Board of Directors must be held? What are the steps? What do they say about qualifications for candidates to be on the Board?

What do they say about Annual Meetings of Members, which usually is the name of the homeowners meeting when elections are conducted?

What do MD statutes say about the same topic? Most HOAs are incorporated so you'd read MD corporations code.

Soem stats like CA have statutes for HOAs. Does MD? what do they say about how directors are chosen?

I don't know about all HOA boards, but have never heard of one where the president picks the candidates and no one else is permitted to run. Cnadates choose themselves.

Where is the rest of the Board on this topic? Do they just bow down to the prez?

The answer is yes, it can be done. Should it be done, different question and answer.

A new law was passed in Maryland that allowed Condo owners to self nominate for an election, but strangely, it may not apply to HOA.

Amy,

Maryland law, d. REAL PROPERTY Code Ann. § 11B-115.1

A lot owner who believes that the board of directors or other governing body of a homeowners association has failed to comply with the election procedures provisions of the governing documents of the homeowners association may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General if the provisions concern:

(1) Notice about the date, time, and place for the election of the board of directors or other governing body;

(2) The manner in which a call is made for nominations for the board of directors or other governing body;

(3) The format of the election ballot;

(4) The format, provision, and use of proxies during the election process; or

(5) The manner in which a quorum is determined for election purposes.

This may be the place to start your fight.

Link to: Consumer Protection Division - Maryland Attorney General

Please keep us posted.

Tim

This is what I was referring to:

Maryland Condominium Act-Title 11

Rights of Condominium Unit Owners:

1. Right to distribute written information relative to the condominium. (11-111.3)

2. Right to receive upon a written request most records of the condominium. (11-116)

3. Right to review and comment on the proposed annual budget. (11-109.2)

4. Right to be notified of any alleged rule violation. (11-113)

5. Right to present evidence and cross-examine witnesses at a hearing. (11-113)

6. Right to be notified of proposed rules, that an open meeting be called and the rule passed by a majority of the board if it has the delegated power. Right to disapprove any rule within 15 days of approval. (11-111)

7. Right to nominate one’s self or any other person to be a member of the board. [11-109 (13)]

8.Right to attend and speak at meetings of the board and committees. All meetings must be open with a few exceptions. If closed, the reason must be in the next minutes. [11-109 (7)(ii)]

9. Right to use condominium common elements. (11-108)

10. Right to assemble for the purpose of considering condominium matters. [11-108 (2)]

11. Right to be informed of increases in excess of 15% of budgeted amounts. (11-109.2)

12. Right to petition the circuit court for a receiver to manage the affairs of the condo if there is not a quorum on the board of directors. (11-109.3)

13.Right to have all association officers, managing agents or employees indemnified. (11-114.1)

14. Right to review of Maryland Condominium Act violations by the Division of Consumer Protection, 11-130)

Maryland Homeowners Association Act, Title 11B

Rights of HOA Owners:

1. Right to distribute written information relative to the HOA. (11B-111.3)

2. Right to receive upon a written request most records. (11B-112)

3. Right to attend and speak on any matter at meetings. All meetings must be open with a few exceptions. [11B-111 (i), (ii), (iv)]

4. Right to notice of all HOA meetings. (11B-111 (2)

5. Right to assemble. [11B-111.4 (b)]

6. Right to have all association officers, managing agents or employees indemnified. (11B-111.6)

7.Right to an open meeting discussing proposed budget and also in the case of budget increases in excess of 15% of budgeted amounts.(11B-112.2)

8. Right to petition the circuit court for a receiver to manage the affairs of the HOA if there is no quorum on the board. (11-111.5)
9.Right to OAG enforcement of election provisions in HOA documents (11-115.1)

10. Right to review of Maryland Homeowners Association Act violations by the Division of Consumer Protection, OAG. [11B-115 (c)]

Recently Passed (2013) Rights of both Condominium Unit Owners and HOA Owners:

1.The right to not be subject to foreclosure due to only fines and/or attorney fees. (Chapter 449) (Maryland Contract Lien Act, Section 14)

2.In the case of a foreclosure, the right to be charged legal fees that do not exceed the amount of the money owed. (Chapter 449) (Maryland Contract Lien Act, Section 14)

Condo/HOA homeowners may have other rights provided for in their association documents and bylaws.

For the complete text of these rights, consult the Maryland Condominium Act or the Maryland Homeowners Association Act. To access these Acts, go to the Maryland General Assembly; click on the “Statutes” tab at the top of the home page. Then click on LexisNexis in the bottom left corner of the Stututes page. Agree to the terms presented and select “Real Property.” Scroll down and select:

LOL great info Tim. Amy what does your governing documents state with regards to nomination and election of Board members? That will be the first place you need to review. If those are not being followed ... You might first copy the above statute into a letter along with what your governing documents state and provide to the current board. Let them know if the governing documents are not followed that you will file a claim with the Attorney General Office. As long as you are right with regards to your document statements and they are wrong, most likely they will then properly follow the documents. It is hard to argue with facts, so just simply state any facts.

As you can see, Amy, most of us advise you to FIRST read your own governing documents.

This, Richard, also is where she'd find if a nominations committee is required. Our Bylaws require one, comprised of three, one of whom must be director. it basically does nothing except sit with our PM who tells them if all candidate who applied to run for the board are actually owners (our only qualification). If so, they ARE nominated. So, of course, Amy needs to know what her Bylaws say about this. As I already stated, AMY'S docs might permit the board to give him that power alone. Amy's docs also might call for a nom. comm. of one, which I doubt, but it's possible.

Amy, as you can see form Richard's paste job, IF you're condo, you have the, " 7. Right to nominate one’s self or any other person to be a member of the board. ⎗-109 (13)] "

If you're a non-condo, no rights are listed, excerpt you might want to follow through with #9. For both, Richard wrote or cited: "Condo/HOA homeowners may have other rights provided for in their association documents and bylaws." That's why, Amy, we keep insisting you read them.

Please let us know what you learn. If your president is not following your bylaws, see if you can get some other directors to help or your prop. mgr. if you have one. Otherwise, you can seek help from the source that Tim cited keeping Janet's advice in mind.

We're a HOA of single family homes, not condos. The bylaws state that the current board can appoint nominees. They also state that anyone else who wants to run must do so by submitting a signed petition. My neighbors and I plan to do that. I'm just concerned that he might try to block that, and I wanted to see if anyone knew of a MD HOA law that stated that anyone can nominate themselves and run.

Thank you so much, everyone! You've been a great help! I really appreciate it!