Tips for an Association's Decision Making Process

            Insufficient planning of an association’s annual meeting may lead to inefficient, if not impossible, decision making. Resulting problems may include delayed registration, ballots distributed to residents who have already voted, and outraged voters. In her article Elections Made Easy, published in the September-October 2008 issue of the Common Ground Revolt magazine, Ramona Acosta suggests 11 steps that will keep an association organized:

    1. Establish election rules even if state law does not mandate them. Address qualifications of candidates and voters, nominating and campaign procedures, voting period, proxy rules, and selection of election inspectors.

   2. Add the election to the board regular meeting agenda to discuss the time, date, location of the election; nominating committees;
suspended members; date of record; and inspectors.

   3. Set the date, time, and location of the election meeting in accordance with the governing documents to encourage attendance. Avoid holidays and timely reserve a facility that would accommodate the anticipated audience.

   4. Set the record date of ownership even if the governing documents do not specify one. Only those members that are owners of record before or on the specified date are entitled to vote.

   5. Conduct member suspension hearings if the governing documents allow. Hold such hearings two or three months before the meeting to allow sufficient time for notice of the meeting or for reinstatement of the right to vote should the violation be resolved.

   6. About three months before the meeting, appoint an odd number of election inspectors who will register attending members, validate ballots and proxies, establish quorum, and count votes. State statutes set limitations on who can serve as an inspector. Board members and their relatives cannot be inspectors due to conflict of interest. Because inspectors owe members a duty of good faith, the board may choose to appoint an outside firm.

   7. Solicit candidate nominations at least two months prior to the meeting and in accordance with the governing articles. Establish a
nominating committee if necessary. The committee may mail nomination requests and candidate statements with a disclaimer for the statements’ content and a return deadline. Plan for a timely determination of a candidate’s “good standing” if applicable.

   8. Mail the annual meeting notice and election materials at least 30 days before the meeting. The notice should specify the time,  date, location, agenda, quorum requirement, record date if known, contact person for the meeting, as well as the known candidates. Check state law for procedures. Write-in candidates must be present at the meeting to accept nominations.

   9. Before you conduct the meeting, gather all ballots, election lists, and necessary office supplies. Inspectors and board members
should be at the registration table before the meeting and should have election materials and voting instructions available. Once a quorum has been reached, a registered member may close the registration by motion, which closes the group eligible to vote. A member can also make a motion to close the voting to prevent late ballots and stuffing of the ballot box.

   10. Members may watch the inspectors tally votes, but may not interfere. The inspectors mark the votes for each candidate on the tally sheets, periodically count the votes for consistency, and sign the sheets upon completion. Once the inspector announces the winning candidates, a member should make a motion to adjourn the meeting.

   11. Within 15 days after the meeting, the inspectors must announce the results to the board, which in turn notifies the members. The association should store the ballots and tally sheets for a specified period of time.

            Following these steps will help an association have a more organized and efficient meeting.

           This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

 

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