Condo Media - October 2022 - 19

well in advance of the meeting.
Proper planning may not guarantee
a meeting that is free of hiccups,
but it will put the board in a better
position to deal with any questions
or issues that may arise.
ACCURATELY TABULATE VOTES
In terms of running the meeting,
the board should do as much in
advance as possible so that tabulating
votes at the annual meeting is
an automated and simple process.
By way of example, preloading a
spreadsheet identifying each unit
owner, their respective percentage
interest, and the candidate that they
voted for can make tabulations much
more effi cient. While automated
processes add effi ciency, the board
should maintain any paper records
that it relied upon in the event future
consultation is necessary. Eric Fudeman,
CPA, a partner at Bloom Cohen
Hayes LLC, identifi ed some practical
steps to take at a meeting. He indicates
that while boards sometimes
provide multiple ways for votes to be
submitted in advance (such as fax,
email, and hand delivery), offering
numerous submission forms actually
makes it more diffi cult to track
votes. Eric recommends that the
board identify one manner in which
votes must be submitted to streamline
the process and reduce confusion.
Likewise, Eric suggests having
an attorney or accountant attend the
annual meeting to tabulate the votes.
Having a professional third party in
attendance and responsible for tabulating
votes may be helpful in the
event someone seeks to challenge
the election or disputes the validity
of the process.
EFFECTIVELY UTILIZE PROXIES
One issue that boards frequently
face at elections is the use of proxies.
The board should use its own
proxy form and accept only that form.
If the governing documents provide
that the proxy should contain certain
information, such as being addressed
to the clerk, then the proxy form should
contain that information. In the event
that the governing documents fail to set
forth certain details about proxies, the
board should consult with counsel well
in advance of the meeting and adopt
a policy to address the defi ciencies.
If the documents are not clear, the
board should specify whether the
proxies may be general or specifi c.
The policy should address what happens
when a unit owner who had given
a proxy attends a meeting (the proxy
should be invalidated in this circumstance),
and what happens when a unit
owner provides two proxies (the proxy
that is later in time should control).
As identified herein, proper
planning and consultation with
counsel to ensure that the board's
election procedure is consistent
with the condominium's governing
documents will go far to address
any issues that may arise at an
annual meeting. While we cannot
guarantee that a meeting will be
a peaceful endeavor, the use of
professionals such as attorneys
and accountants can ease the
process for board members and
unit owners.
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October 2022 CONDOMEDIA 19
Condo Media - October 2022

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