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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