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Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural response to a disputed ballot count is to recount the election materials to determine proper results. However, arbitration decisions from the Florida Department of Business and Professional Regulations’ Division of Condominiums, Timeshare and Mobile Homes (“Division”) cast substantial doubt on whether a community association, itself, may conduct a recount or correct election errors after conclusion of the annual meeting except when ordered to do so by the Division. Continue reading “Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting”

Join us on Thursday, November 15th for an HOA Board of Directors Training. Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP to reserve your spot today!

Traditionally, all phases of homeowners association board of directors elections, including nominations, voting,

and vote counting, are conducted at the annual meeting. However, the time consuming nature of this process has led some homeowners associations to require nominations prior to the annual meeting instead of “from the floor” at the meeting. This saves time at the annual meeting by allowing the Association to confirm the eligibility of the candidates ahead of time. Continue reading “Homeowners Association Director Nominations in Advance of the Annual Meeting”