Monday, March 19, 2012

Ask the HOA Expert

Provided By Realty Times

Question: Our governing documents prohibit the use of clubhouse for any for-profit event. Many of our residents would like to have classes such as aerobics, art etc. However the instructors would charge and the board says that these types of functions are not allowed. Are there any guidelines to permit this type of use but still prohibit use for events where the primary intention is to sell something or other commercial uses?

Answer: If many owners support classes in the clubhouse and are willing to pay the cost, the board should establish a criteria which allows such events. The events should not monopolize the clubhouse in a way where non-participating owners are overly restricted from using the facilities.

Question: We are holding our annual meeting soon and will electing two directors. The board decided several years ago that nominees must submit a "Request for Nomination" two weeks in advance of the Annual Meeting endorsed by two other unit owners. We don't accept nominations rom the floor of the meeting. This has eliminated single issue candidates and grandstanders.
But what if only two nominations are submitted? Does the president declare their election by default or does someone need to make a motion to elect the two by acclamation?

Answer: Your nomination procedure is illegal unless it is described in your governing documents (doubtful). Even single issue, self serving members have a right to run for the board. The nomination procedure could easily be interpreted as an attempt to suppress dissent. (You pretty much admit that already.) The election process should follow normal procedures which includes being nominated at the meeting and no requirement to be endorsed by others.

If there are two positions and only two candidates, the president may ask for a motion to elect the candidates by acclamation. If he receives the motion, a second and a unanimous vote, there is no need to distribute ballots. However, if there is dissent, ballots should be distributed and counted.

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