Condo election questions answered

Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published November 12, 2008

 

Thought the presidential election was filled with intrigue? Get ready for condo election season.

Choosing a new board of directors is not a simple process and plenty can go wrong.

"You're only one election away from disaster," is how Bill Raphan likes to describe the challenge.

Raphan, a South Florida supervisor for the Florida Office of the Condominium Ombudsman, (a resource for unit owners, board members and property managers) teaches various classes in South Florida on condo-related topics, including how to hold a fair and legal election. Classes sponsored by municipalities and organizations are free. The more comprehensive classes offered at colleges cost $16.

The stakes are high.

"With every election you can get a new board of directors and anything can happen," Raphan said.

I sat in on one of his election classes and was schooled big-time — along with about 50 others at the Hollywood Beach Cultural Center in Hollywood.

The three- to four-hour classes cover plenty of ground, and allow for questions. Here are some that came up in my class:

What can you do if your election ballot was lost in the mail and your association won't send you another?

Photocopy a neighbor's ballot. Raphan says his office gets this complaint a lot. State law does not require an association to send out a second ballot, but it also makes an allowance by requiring only that ballots be "uniform." Tip: The law also requires that ballots and envelopes be made available on election night.

Want to change your vote at the last minute?

Sorry, no do-overs. Once you hand in your ballot, it's done. You can't even cancel your vote.

What happens when a voter checks off too many candidates?

The ballot is automatically rejected. If you have five openings on the board, you can only vote for five at most. But you may vote for fewer candidates and have your vote counted.

What happens if I have my ballot but lost the provided envelopes (there are two of them)? Can I still hand in my ballot?

Yes, you can bring your ballot and use the envelopes which the association must have available on election night.

May I write my own name in as a candidate?

If you do, it won't be counted. Tip: If you vote for three directors — including yourself or anyone else who did not submit an "intent to run" and a signed election "certification form," your votes for the official candidates will count and the others will not.

May I watch my association's election committee count ballots?

Yes. You also may watch the committee validate ballots, which means they check that each ballot is submitted by a qualified voter. But the committee may validate the ballots before announcing the results at a public meeting. They must give notice of the validating process, so check for announcements.

May I see the ballots after the election?

Yes. Each association is required to store the election records for one year and must make them available upon request. Tip: A representative of the association should be present when records are inspected. .

What if your association takes a long time to count ballots? Can you force them to go faster?

Don't bother. It's not a problem. "If the association is taking its time to try to follow the rules and procedures properly, that's a good thing," Raphan said.


Daniel Vasquez can be reached at:

[email protected] or at 954-356-4558 (Broward) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and at www.sunsentinel.com/condos. You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez 

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