It is almost time for annual meetings and elections again.
First notice – 60 days before the annual meeting
The first notice must be mailed or hand delivered not less than 60 days before a scheduled election/annual meeting. The notice should include the date, time and location of the meeting. A blank notice of intent form should be included for those interested in running for the Board to send back to the Association.
Notices of Intent due – 40 days before the annual meeting
A unit owner or other eligible person desiring to be a candidate for the Board must give written notice to the association not less than 40 days before a scheduled election. Such written notice is effective when received by the association. It is up to the unit owner to ensure that the notice of intent is received on time. The Board may not extend the deadline for submitting a notice of intent.
Candidate Information Sheet Due – 35 days before the annual meeting
Not less than 35 days before the annual meeting, candidates may provide a candidate information sheet which is limited to one side of an 8 1/2 x 11 sheet of paper to describe the candidate's background, education, and qualifications as well as other factors deemed relevant by the candidate. The Association may not edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate must be placed in the official records of the association.
The Second Notice of the Annual Meeting – never less than 14 days before the meeting but check your bylaws for exact mailing time
The second notice of the annual meeting must be sent, according to the requirements of your Bylaws, but never less than 14 days prior to the meeting nor more than 34 days prior to the meeting. The second notice should include a proxy, for quorum purposes and for voting on non-election issues. A ballot should be included for the election if there are more eligible candidates who submitted notices of intent than there are avaialble seats on the Board. If there are the same number of notices of intent as avialable Board positions no election is held. If there are less notices of intent than available Board positions, no election is held.
Assuming an election is necessary, accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope must indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. I recommend obtaining pre-printed outer envelopes with one line for "printed name", one line for "unit number" and one line for "signature". The return address should also be pre-printed on the outer envelope.
Start early with the preparation of your notice packages so that you do not miss any of these deadlines. Your bylaws will usually inform you as to the month your annual meeting must be held.
Mark D. Friedman is a senior attorney at the law firm of Becker & Poliakoff, P.A.
You may contact Mr. Friedman at CondoLaw@becker-poliakoff.com
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Does the 60 days or the 14 days Annual Meeting announcement have to include an agenda?
ReplyDeleteThe agenda is included in the second notice of the annual meeting.
ReplyDeleteHi Mark,
ReplyDeleteThose approximately two hundred Associations that have the 1999 UCO Model Documents, may no longer use the "Different voting and election procedures" contained in Article IV, "DIRECTORS", Section 1. of the Bylaws. Such election procedures may only be used with Associations that have ten or less units, as per Section 718.112(2)(d)(8). Therefore statutory election procedures are required to be used.
Mark, I sent an email to the "info" link and never received an answer. I simply asked if the local law firms that work with association law provide any of the local community managers with an updated booklet containing the Florida HOA laws, including the latest revisons. In Nevada it's a normal practice but most of the locals lawyers are also defect litigators so it is a marketing tool but still excellent swag for us CMs.
ReplyDeleteHi jmitaly,
ReplyDeleteThe answer is "yes". Try the following:
http://www.floridacondohoalawblog.com/archives.html
There are numerous law firms that provide a booklet (or information) of legislative updates on the web.
Thank you for the response Randall, I know where to find almost any information I need on the internet. My question was directed to the law firm. It's nice to have an updated hard copy binded booklet that deals specifically with Florida HOA law.
ReplyDeleteHi JMITALY,
ReplyDeleteI apologize for the delay in responding, however, I never received your question. We do not prepare a booklet, but we do come out to communities and give legal update seminars to Board members and Managers.
JMITALY,
ReplyDeleteI was reminded that our Firm publishes a magazine called Community Update on a monthly basis. Each year, we take one of the issues and devote it to an overview of the new laws. This publication is sent to each of our clients.
Mark
Thank you Mark, I'll contact the local chapter of CAI perhaps they can help. We are looking forward to relocating to South Florida and I don't think finding a job will be to difficult (I already have a Florida license). The laws here in Nevada are the most stingent in the nation in regards to a managers behavior. A few Management Companies along with Judges, the Police Department, HOA Attorneys and Contractors have alledgly bilked millions from innocent local homeowners. It's a mess here and a new start will be like a breath of fresh air.
ReplyDeleteRegards
- Joe