Condo Media - October 2022 - 18

Asked & Answered
Counting
Ballots
Board Election
Best Practices
Our association's annual
meeting and election of board
members will be held in November.
What advice can you off er around
best practices for the election and
members will be held in November.
What advice can you off er around
best practices for the election and
counting unit owner votes?
Perhaps one of the highlights of every condominium
owner's year is the condominium's annual meeting.
While the meeting provides an opportunity to connect
with other homeowners in the community and learn
about issues impacting the condominium, it also is
typically when board members are elected. Board positions
are often contested, and the ability to tabulate
votes in an effi cient and fair manner is imperative to
resolving strife in a community and moving forward
with the year ahead. Even if there is little contestation,
ensuring that the representatives voted upon by the
unit owners is accurate is of the utmost importance.
There are certain best practices and traps for the
unwary that all homeowners should be aware of
to ensure that their next annual meeting and election
moves forward without a hitch and in accordance
with the condominium's governing documents.
COMPLY WITH GOVERNING DOCUMENTS
The biggest trap that we see in our practice is a failure
to comply with the condominium's governing documents.
Condominium documents are not one-sizefi
ts-all. They contain varying provisions and the mere
fact that one community conducts their elections in
a certain manner does not necessitate that another
18 CONDOMEDIA October 2022
community must follow the same course. Here, the
condominium documents provide a road map for how
the election should take place. The board should read
the documents and adhere to their provisions. In the
event there are any questions or ambiguities, then it
is advisable to seek legal counsel as to how the election
should be conducted. By way of example, if the
documents provide that percentage of interest in the
common areas should be used to tabulate votes, then
percentage of interest should be used. If, alternatively,
the documents provide that each unit gets one vote,
then one vote should be attributed to each unit.
Ancillary to the foregoing, the board should also
ensure that any gaps in the condominium's governing
documents are addressed in advance. If the governing
documents fail to address a particular circumstance
that may arise (for example, how to treat the vote of
a unit when owned by more than one person), the
board should adopt a policy as to how the meeting will
proceed. A board should consult with counsel well
in advance of any election to identify any such gaps
or to ask questions about the procedure that will be
followed at the annual meeting. With ample time, the
board can adopt a policy to address any ambiguities
and provide notice of the policy to the unit owners
Condo Media - October 2022

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