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CAI's standard reference for meetings and elections addresses how technology has changed the way community associations conduct business. How far can an association go in giving notice electronically? When and how are electronic ballots used, and are they always legal? Can a proxy be emailed to the association? Also includes information on quorums, parliamentary procedures, organizing and implementing elections, and a great checklist of election procedures.
Meetings & Elections is one of six components in the CMCA Study Kit [M5134].
Contents
Chapter 1: Annual and Special Meetings
Annual Meetings
Special Meetings
Power of Owners to Act
Documenting Annual and Special Meetings
Chapter 2: The Importance of Meeting Notices
Notice Content
Whom Do You Notify?
Delivering Notice
Electronic Transmission of Notice
Timing of Notice
Statement of Purpose
Notice to Mortgagees
Waiver of Notice
Chapter 3: Obtaining a Quorum
Reduced Quorums
Adjournment for Lack of Quorum
Maintaining a Quorum
Promoting Attendance
Failing to Achieve a Quorum
Chapter 4: Conducting the Meeting
Registration
The Chair
Parliamentary Procedure
Speaking Time Limits
Ejecting Disorderly Attendees
The Pre-Meeting Meeting
Chapter 5: Nominating Candidates
Nominating Committee
Nominations from the Floor
Write-in Votes as Nominations
The Combination
Chapter 6: Conducting an Election
Appoint Inspectors of Election
Take Nominations from the Floor
Conduct a Candidate Forum
Taking and Tabulating the Vote
Run-Off Elections
Majority or Plurality
Election Materials
Chapter 7: Ownership Status
Multiple Owners
Corporate Owners
Tenants and Mortgagees
Land Installment Contracts
Change in Ownership
Chapter 8: Voting Procedures
Cumulative Voting
Ballots
Chapter 9: Proxies
General Proxies
Directed Proxies
Proxy Limitations
Controlling Proxy Abuses
Proxy Form and Content
Securing Proxy Instruments
Appendix. Election Policy and Procedures Resolution
Excerpt
Introduction
Some say that community association owners' meetings are the truest form of democracy, similar in nature to the town meetings held in 17th and 18th century colonial America. However, the democratic process in associations requires order and rules of procedure and behavior to prevent either anarchy or a tyranny of the minority.
This guide provides basic information on the processes and procedures applicable to annual and special meetings. It also provides specific information relating to elections, whether held at an annual or special meeting.
Key Points
An association operates as a business. As a business, whether incorporated or unincorporated, an association must conduct meetings of its shareholders—the owners. These meetings provide a forum for the election of those who will govern the community and manage its affairs.
The annual meeting brings owners together so they may elect directors and take any other action not delegated to the board by the governing documents.
Special meetings provide owners with a forum in which to handle issues that occur between annual meetings.
The association must obtain a quorum—a minimum number of owners present in person or by proxy—to conduct business lawfully at an annual or special meeting.
Although subject to a variety of limitations and restrictions, most states allow owners to appoint a proxy to attend the meeting and vote in place of the owner.
Guardians, trustees, personal representatives, and those holding power of attorney may attend meetings and vote as if they were the owner.
Members have a right to vote based on the ownership of a unit or lot in the association. However, owners can lose their voting rights under certain circumstances.
The election process, including nominations, campaigning, balloting, and vote tabulation, is subject to controls established by the association as long as they are implemented according to state law and the governing documents.
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