Saturday, January 2, 2016
CONDO ASSOCIATION(S) ANNUAL MEETING BY: MARK FRIEDMAN, ESQ.
To Sam Aggarwal, President Salisbury E Condo Assoc.
ANNUAL
MEETING BY MARK FRIEDMAN, ESQ.
You
will all be having your annual meeting and election very shortly, if
they haven’t occurred already.
Please
remember the statutory requirements:
Sixty
(60) days before the annual meeting the first notice must be mailed
out to all unit owners explaining that an annual meeting and election
will be held and asking if they wish to run for the Board.
Forty
(40) days prior to the annual meeting, anyone who wishes to run for
the Board must have submitted a notice of intent to be a candidate.
The Board may not extend the deadline if it happens to fall on a
weekend or holiday. It is the Unit owner’s responsibility to find
a delivery method for that notice of intent that allows it to reach
the Association in a timely manner.
Thirty-Five
(35) days prior to the annual meeting, a candidate who wishes to
submit a candidate information sheet may do so. It can be no greater
than one side of one 8 ½ inch by 11 inch sheet of paper. It must be
mailed with the second notice, as written. The Association is not
responsible for its contents. You are only required to hold an
election if more individuals wish to run for the Board than the seats
available. If, for example you only have five seats and five or
less people submit their names, no election is necessary. In such a
case you merely announce the names of those persons who submitted
their names. They take their positions on the Board at the close of
the annual meeting. Co-owners of a unit may both be on the Board only
if they own two units or if there are not enough other qualified
individuals who wish to be on the Board.
Fourteen
(14) days prior to the annual meeting (or such longer time frame as
your Bylaws may require) the second notice of the annual meeting must
be mailed or hand delivered to all Unit owners. The second notice
includes 1) notice; 2) agenda; 3) ballot for election of directors if
an election is being held; 4) proxy; 5) a large self addressed
envelope with blank spaces for the unit owner’s name, signature and
unit number; 6) a smaller inner envelope for the ballot for election
of directors to be inserted (no identifying marks on the envelope,
just the word “ballot”) ; and 7) copies of any amendments or
other materials the unit owners may be voting upon at the meeting.
Do
not open the outer envelopes until the annual meeting has begun and
you have collected any outstanding ballots.
No
one may cast a ballot for another individual. A member cannot give a
proxy to another person and ask them to vote on their behalf in the
election of directors. Proxies are good for all other votes except
the election of directors.
You
do not need a quorum for the election; only twenty (20) percent of
the voting interests must cast a ballot to have a valid election.
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