In our previous blog post, we tackled some of the common procedures for elections in a condo association. Some of these regulatory provisions will still apply to elections in an HOA, while most do not. Interestingly, the election process is very different for condo associations vs. HOAs. Florida administrative code 61B-75.005 and Florida Statute 720.306 spell out guidelines, but they are not nearly as detailed as some HOAs would like them to be. If you enjoy a light read of legal jargon, please feel free to take a look. Otherwise, we will sum up what you need to know, as well as options for amending your homeowners association’s procedures.
The most important concept to note is that the election procedure for HOAs is not nearly as regulated as condo associations. The statutes are more vague when outlining how to run a board election. This is both a pro and a con. With this ambiguity, some HOAs can be accused of shady election procedures. While some of these allegations may be justified (not for your HOA, certainly!), part of the problem is that procedures are not spelled out for everyone in the community to get behind. The positive aspect is that HOAs can adopt processes that speak to the needs and demographics of that community.
So, how do you spell it out?
An HOA has much more freedom in creating their own election process. Voting and election procedures can be amended to work for your association. However, this must still go through a process of obtaining the vote of a majority of the total voting interests. Quite often, this is easier said than done, especially when the board is trying to push new procedures to non-board members.
One the simplest fixes to this and many other problems is to hire a real estate and community attorney. An attorney who knows the ins and outs of HOA provisions can clear the air for all parties involved. Additionally, bringing in an experienced third party can create a sense of trust and understanding between all community members.
If you are running into problems with your HOA election process, we can help.
Here’s to a smooth election!
We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law.
We pride ourselves of our level of commitment to our clients. We love what we do, and we do it with utmost care and professionalism.
