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20 Cards in this Set

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1.For condos how are unit owners not allowed to vote? how must they vote? 2. What is the timeline and notices that must be given from the first notice to the last notice, and what must the second notice contain?

1.Condo unit owners are not allowed to vote by proxy, they must vote by secret ballot or voting machine. 2. The first notice of elections must be given not less than 60 days prior to the election, if an eligible person desires to run they must give written notice to the Association not less than 40 days prior to the election. If the candidates wish to provide information sheets they must provide no less than 35 days prior to the election. The second notice of election shall be mailed out not less than 14 days prior and no more than 34 days prior to the election, and it must include ballot, the inner and outer envelopes, the information sheet on the candidates, the annual meeting notice and agenda.

When might there be no need for an election?

If the number of candidates equal the number of board positions available, the directors will simply announce the new members of the board.

In what different way may owners vote for Board of Directors in hoa than owners can vote for directors and condominiums?

In hoa the members can vote for directors via proxy or in person, and for condominiums members can only vote in person by secret ballot for voting machine.

What percent of an affirmative vote must pass in order for the rules and procedures for the annual meeting to be waived?

Two thirds of the members present at the meeting.

How must every eligible persons running for the board at the elections be listed on the ballot? what if there was a failure to list every person who has given proper notice?

the written ballot must indicate, in alphabetical order by surname, each and every unit owner or eligible persons who wishes to run for the Board of Directors. The failure to list every person who gave proper notice renders the election null and void.

1.What is not allowed by way of ballots? 2. What must all ballots be like? 3. what if the outter envelope is not signed?

1. Ballots may not indicate which candidates are incumbents, no write in candidates are permitted, no ballot may provide a space for signature or any other means for identifying the voter. 2. Ballots must be uniform in appearance and color, except where there may be fractional voting or class voting. 3. The eligible voter and envelope must be marked disregarded.

1. What are the 2 ballot envelopes required and what must they have written on them? 2. What happens if there are more than one ballot contained in the inner envelope? If a member is entitled to cast more than one vote how should it be added with the other inner and outer envelope?

1.There must be an inner and outer envelope, the inner envelope must have no markings to hold the ballot that is delivered to the association, and a second outer envelope bearing the name of the member casting the ballot, the lot or parcel number of the member casting the ballot, the signature of the member submitting the ballot. 2. The ballots in the envelope are disqualified. 3. If a member is entitled to cast more than one vote a separate inner envelope must be used for each ballot

What type of records are all of the ballots, including what? How long must they be maintained?

All the ballots including those marked disregarded and all of the outer envelopes are official records to be maintained for a period of 1 year.

If a member desires to have a recount of the ballots what is the process? If after the meeting is adjourned they still want to have a recount or question procedures what must be done?

A proper motion may be made, and the motion must be adopted by a majority of the voters present at the meeting, and a recount must be held. After the meeting is adjourned the proper procedure is to petition for a special meeting. If for elections recall procedure should be begin.

What is the term board of directors used to identify?

Is used to identify the governing body of the association.

1. What may disqualify someone from serving as a director for condominiums? 2.What if a condominium has more than 10 units with regards to serving on the board of directors? 3. What must the director submit within 90 days of being elected? What if they fail to submit it within the time frame? How long must the certificate be maintained and where?

1. If a person has been convicted of a felony, and their right to vote has not been restored for at least 5 years, he or she is not eligible for board membership. 2. For condos with more than 10 units, co owners of a unit may not serve as directors at the same time, unless they own multiple units, or there are not enough eligible candidates to fill the vacancies on the board. 3. Either an affidavit stating that they have read the governing documents or a certificate of education. They are suspended from service until they comply with the certificate requirement. The certificate must be maintained in the official records for a period of 5 years or for a period of uninterupted tenure on the board whichever is longer.

If documents do not provide, how many directors must there be in a homeowners association, how many for a condominium or cooperative?

Homeowners association must have at least three directors. Condominium or cooperatives must have no less than five directors, unless the association has 5 or fewer units, then there can be 3.

Removal of directors may be done by what? Explain each. What if a board member is 90 days delinquent on any monetary fees?

Voluntarily, automatically, or by recall. Members may resign by written notice to the association effective immediately or the stated date in the notice. automatic resignation occurs if the member sales or transfer title to their property and requirements to serve is ownership of the property. They may also be removed by recall. The person is ineligible to serve on the board, and shall be deemed to have abandoned their directors position if currently on the board.

Who are officers of the Association appointed by and who may they be? What is the name of the meeting for which officers are selected?

They are appointed by the Board of administration and they may be members of the Association, member of the board, a property owner, an employee of the Association, or anyone else. The organizational meeting.

What can happen if a board fails to fill a vacancy on the board of directors sufficient to constitute a quorum? How long will the receiver fill the vacancy?

A member may apply for the appointment of a receiver to the circuit court by using the form required by the Act . a 30 day notice before applying to the court must be made in writing and mailed by certified for registered mail and it must be posted conspicuously on the property 30 days before applying for receivership. Until the association fill the vacancy on the board sufficient to constitute a quorum.

What must happen if there is a tie vote? What are the time frames?

A runoff election is used to break the tie, within 7 days of the election the board is required to mail or personally deliver notice of the runoff election to the voting membership. Only candidates who received a tie vote can participate. The runoff election must be held not less than 21 days nor more than 30 days after the date of election of which the tied vote occurred.

What are the term limits for the Board of Directors?

There are no term limits, and a member may stand for reelection after the end of their term.

What is the entire recall process? What type of notice is not authorized for a recall special meeting?

If 10 percent of the voting interest petition the Association for a special recall meeting , a 14 day notice must be mailed or hand delivered and posted conspicuously on the property . At the meeting a majority of the voting interest must vote for the recall and a copy of the written agreement must first be sent to the association by certified mail. the board must call a meeting within 5 business days and removal is effective immediately upon certification by the Board. If the recall take less than a majority of the board, the vacancy may be filled by majority vote of the remaining members of the board. If more than a majority have been recalled the vacancy shall be filled by election at the recall meeting. Electronic transmission notice is not authorized for recall special meetings.

In order for the association to adopt different voting procedures, what percent of the members must cast an affirmative vote to do so? What about waving the voting procedures?

Different voting in election rules may be adopted by a majority of the voting interest, the association may waive the current voting procedures by two-thirds of the voting interest present at the meeting.

What are the quorum requirements for election?

There are no quorum requirements however, 20% of the voting interest must cast a ballot.