Condo Association Management Blog

We had board issues. Someone challenged that board based upon the by-laws and had an attorney write the Board a letter stating they were illegal, all decisions therefore were illegal. They threatened to file a suit. The board then hired their own attorney who actually told them the same thing and they were force to redo the election.  
 
 
 
Good luck.

Just FYI - In know attorneys cost a great deal. If there is any kind of law school in the area, check with them. Often, a law student will be happy to use an actual case for a class paper: they do all the research and provide you with the findings. They may charge, but it would be much less than an attorney. If you need to get an attorney after that, it saves $$$ because much of the research has already been done.  
 
What they did with mail-in votes is very likely against the bylaws, but you really need to check it out before going much further with this.

I'm impressed with the fact that someone wanted to be on the board so badly that they felt they needed to steal the election to do so! 
 
 
 
Oftentimes, the advice here is "hire an attorney." Keep in mind that in doing so, you are actually suing yourself as a homeowner. If you win your case as well as monetary damages, who pays? YOUR HOA, that's who! Of course, you may be able to collect against your D&O policy, but there is usually a deductible, so you still pay. 
 
 
 
You have to have cooperation or you will make others rich while running your HOA into the ground.

I would first talk with the property manager and management company. I find it hard to believe that a management company, that values it's reputation, would want to be a part of an election accused of ignoring the Bylaws and tampering with votes. 
 
 
 
Second, arm yourself with information. It is important to read and be familiar with all of your documents, not just the part of the Bylaws referring to election procedure. Sometimes, a Board member can be removed with a certain number of association member votes. Also, check to see if the election materials were sent out in a timely manner and in accordance with the documents. If this Board did tamper with votes than I suspect other areas of your documents were not followed as well.  
 
 
 
Third, I would attend all of the Board meetings and politely but firmly hold the Board accountable for their actions. Persistance and factual information will get your point across quicker and much more clear.  
 
 
 
Association attorneys' are excellent resources but, there is nothing wrong with acting frugally and trying less expensive avenues first. Attending the meetings and taking the time to talk to management may be more time consuming but, it could help this Board and future Boards abide more closely to the documents. Especially when they know they are being watched by a knowledgeable homeowner.

This is Directors & Officers Liability Insurance concern also. As an agent, I ensure that my applications are accurate and board dynamics are disclosed to the underwriter evaluating the risk, otherwise, if there ever is claim, coverage could be denied for material misrepresentation. Close cooperation with the property manager and a full understanding of who is on the board is key to avoiding a potential problem either at initial submission, renewal or in case of claim. 
In theory, Board directors are volunteers looking out for the Association's interest by keeping costs down and ensuring the property is well maintained for everyone's enjoyment. 
As with any group, there can be differences of opinion and factions created over the budgeting process. This political aspect of Condo living can be challenging in our society which promotes individualism over harmony. 
Also, because of the sometimes large amounts of money that flows through an Association (thousands or even millions of dollars), there can be a motivation to "get on the board" to steer a vendor contract to a friend or a relative.  
I am routinely asked to review an Association’s insurance program. Occasionally, I run across overpriced policies and, what a coincidence, the agent is a director or a relative of a director. 
INSURANCE OVERPRICING PREVENTION: 
Since insurance is usually the largest expense of an Association’s budget, I always recommend that Associations obtain a 2nd opinion on the current insurance program. If your current agent is doing a good job, he/she should have nothing to fear. I encourage my boards to ask another agent to review my packages since they always validate what I’ve done and say “you have the best pricing available.” 
I would say it is a red flag if there is resistance to making insurance documents available. 
ELECTION FRAUD PREVENTION: 
All States have an agency that regulates Condo Associations and they have an Ombudsman that can be contacted and that will provide someone to monitor and assist with an election for a minimal fee.  
In Florida, the Office of the Ombudsman can be found at:  
http://www.bpr.state.fl.us/condos/contact.shtml 

I'm surprised you are claiming fraud. Usually proxies are ripe for fraud not mail-in ballots. Proxies are given to someone else but a mail-in ballot is filled in by the member himself.