Condo Media - March 2022 - 38

The Region RHODE ISLAND
The Beauty
of a Fair
Election
Process
Helps Keep Out the Ugly
[By Mary-Joy Howes, Esq.]
As a condominium association
attorney, I have had the opportunity to
witness some rather extreme behaviors
in seemingly ordinary people. Community
living can really test people at their
core. Of all the issues that come up, the
one that really can bring out the " ugly "
in people is the Executive Board election.
Associations are like mini governments,
and unit owners tend to lack trust
in their leaders-the Executive Board.
Additionally, the need to feel in control
rather than controlled contributes to the
election process being a touchy subject.
These feelings can cause unit owners to
act vicious in both seeking and keeping a
seat on the board.
The " ugly " comes out on both sides
in an election-both with the board
and unit owners seeking a seat. It is not
uncommon for sitting boards to try and
shut the competition out by making the
nomination process difficult or confusing.
Boards have sent correspondence
on association letterhead to the unit
owners containing self-proclaimed
accolades of the board with disparaging
remarks about the opposition. Boards
have posted campaign material in the
common area but have not allowed the
opposition to post anything. Boards have
also imposed requirements regarding
proxy forms to try and dilute votes
for the opposition. The list goes on.
38 CONDOMEDIA March 2022
It is often these behaviors by
the incumbent board that fuels
unit owner feelings of distrust
and anger, resulting in unit owner
candidates behaving badly as well.
ELECTION TIPS TO
KEEP OUT THE UGLY
The ugliness of an election can be
avoided-or at least reduced-if all parties
conduct themselves in good faith, as
is required pursuant to the Rhode Island
Condominium Act Section 34-36.1-1.11.
Failure to do so may subject the board-
or any guilty unit owner-to penalties
pursuant to 34-36.1-4.17, which may
include payment of the unit owner or
association's attorney fees.
Exercising good faith in an election
and keeping things fair and transparent
can be achieved by following a few
simple steps:
l Having an Inclusive
Nomination Process
Some association by-laws provide for
a nominating committee whose function
should be to reasonably screen
candidates based on concrete, disclosed
criteria. This criterion should
always be inclusive rather than exclusive.
Shutting qualified individuals
out from the election process is a per
se violation of the duty of good faith.
Information on how to run for
the board should be distributed
to all owners well in advance of
the election. Further, information
about all the candidates should be
disseminated to unit owners in a
reasonable amount of time prior
to the condo board election.
A board must never capitalize
on the failure to have set standards
regarding getting on the ballot
and must never use their current
power as board members to
prevent competition and secure
their re-election.
l Leading by Example:
Running a Fair Campaign
and Election Process
While the board can use their
incumbency as part of their platform,
they cannot use their current
position as a board member to control
the election process, mislead the
unit owners, or gain any advantage.
When the board behaves badly,
unit owners tend to react even
worse. Boards should never send
campaign material for re-election
on association letterhead, solicit
proxies as " the association, " or
post campaign material in favor
of the board (or any endorsed
candidate) as " the association. "
Condo Media - March 2022

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