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The board president of our condominium didn’t send out any notices for the upcoming condo board elections. He did the same thing last year as well.  Is it a violation of the condominium rules? 

Signed, R.S.

Dear R.S.,

I can’t quite tell from your question if you are having an election, but the proper notices weren’t sent out; or if you simply did not have an election the past two years.  I am therefore going to try to answer both questions.

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Your condominium’s governing documents, and particularly your articles of incorporation and bylaws, will describe the composition of the board of directors (how many board members there should be and whether they must be owners) and the board member terms (how long each board member serves). 

Until the summer of 2018, board terms were limited by the Condominium Act — terms of two years were permitted, but anything longer was prohibited (and that number has varied over the years).  Today, however, board members can serve terms of any length, depending on your governing documents. 

There is a provision of the Condominium Act that provides that a board member may not serve more than eight consecutive years unless approved by a super majority of voters in the next election — but that policy will not begin to be implemented for many years (the Division of Condominiums has taken the position that the law is prospective and does not count prior board service).

So, it is not necessarily the case that an election must be held every year.  Under the current law, it is quite possible that your board members are serving multi-year terms, and that their terms do not expire until (for example) next year.  There is no way to answer that question without reviewing your governing documents.

Now, if you in fact were intended to have an election (that is, there are board seats that are set to become vacant this year), the Condominium Act, at 718.112, Fla. Stat., proscribes a very explicit election procedure that must be followed. 

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First, at least 60 days before the election, the association must send a first notice of the date of the election, inviting candidates to submit their names for inclusion on the ballot.  A candidate’s intent form must be received by the association at least 40 days before the election, and they may submit a personal information sheet (no larger than a regular one-sided sheet of paper) at least 35 days before the election. 

Then, at least 14 days before the election, the association must mail the notice of the election and annual meeting, including a ballot containing the names of all eligible candidates (owners who are delinquent in the payment of any monetary obligation to the association are not eligible to be candidates and may not be listed on the ballot, as are persons who have been convicted of a felony and whose civil rights have not been restored for at least five years). 

The package must also include a ballot envelope, and then an outer envelope where the owner or voting member will sign the envelope and deliver their vote.

Note that the election and the annual meeting are entirely separate processes, even though they must happen at the same time.  The election does not require a traditional quorum, although at least 20% of the owners must participate in the election for it to be valid.  It is extremely common for an annual meeting to fail to achieve a quorum (which is frequently a majority), but for the election to move forward. 

It is a parallel process, and while many annual meeting notices traditionally include the election as an agenda item, that’s not entirely accurate — if the annual meeting cannot conduct business for failure to achieve a quorum, the election may still move forward.

So, in your case, if in fact there are board seats scheduled to become vacant this year, your association is obligated to send the notices described in the statute.  If it does not, you can file a complaint with the Division of Condominiums, Timeshares and Mobile Homes, or you can file a petition for arbitration. 

Note, however, that it’s also possible this is just a question of the timing of your annual meeting, which may not be specified in your bylaws or articles, and which the board may postpone due to the COVID-19 pandemic.  These are all legitimate issues you should investigate before filing a complaint.

Source: judi deposit pulsa