Condo, Strata and HOA News

Regulations That Inhibit Board Participation

It’s hard enough to get owners (and sometimes, if the bylaws allow, tenants) to run for condominium boards. Most condominium bylaws allow a lot of flexibility, including going as far as self-nominations from the floor right before the election of the board (something I encourage).

In Alberta, the rules for appointing a board are loosely defined by the Condominium Property Act, and are similarly loose throughout Canada.

To my surprise, this is not the case in Florida.

The Florida Statute FS 718.112 (2) (d) and the Florida Administrative Code 61B-23.0021 express some very specific requirements for board election notifications:

  1. First Notice of Election should be sent out a minimum of 60 days before the election and should include the date, time and place of the election, number of positions available and instructions for intent to run and information letter.
  2. A candidate should submit his or her Intent To Run a minimum of 40 days before the election and make sure to get a receipt or send by certified mail to be placed on the ballot.
  3. Candidates may submit an Information Lette(sometimes called a resume) a minimum of 35 days before the election on an 8 1/2 by 11 inch sheet of paper (so, not electronically!). The association may not edit, alter, or modify the content, nor is it responsible for the content.
  4. Second Notice of Election should be sent out a minimum of 14 days and no more than 34 days before the election and should include an outer envelope – for validation, inner (ballot) envelope – to make it a secret ballot, ballot and voting instructions.

I find that such strenuous requirements for getting on a ballot (argh in the first place!) and then the distribution of the ballot would only have one effect – chilling participation and limiting new people to participate.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: