Getting Out the Vote Holding Fair Elections

 When it comes to running board elections in a condo community, the  biggest concern among those involved is making sure the elections are fair and  balanced and nobody has a reason to cry foul. Elections can be heated as it is,  so the voting process should run smoothly and without any hiccups. One election  tabulation company representative remembers an extremely heated election she  monitored where physical fighting even broke out. “It was bad,” she wryly recalls.  

 “Elections in associations can either be sleepers where there is a ton of apathy  and you can't even get enough candidates to fill the seats to ones that are  highly controversial,” says attorney Ron Perl of Hill Wallack in Princeton, New Jersey.  

 One of the most frequent dilemmas communities face is actually getting anybody  onto the ballot in the first place. Robert Tierman, a partner with Litwin & Tierman, P.A., with offices in New York and New Jersey, remembers one association  that had a problem of getting residents who actually wanted to run for a  position on the board of directors. “This led to there not being an election; whoever wanted the position just got  it,” he says. “The board was not fully constituted and there was a vacancy for a whole year. No  major issues resulted from the situation but the board was less efficient and  effective.”  

 So is the term ‘fair election’ an oxymoron? Although unfair elections—where there have been broken voting machines or improper ballot counting—make front page news, the truth is that it’s not common for elections to be unfair, at least technically speaking. On the  other hand, it’s pretty easy to have a fair election for an association board if these few  basic guidelines are followed.  

 Follow the Bylaws

 Check the bylaws to find out how often your elections should be held, and when. “The bylaws contain the term of office of board members and say when the  elections should be held as well as the frequency of the election,” says Perl. “Most bylaws provide for staggered terms so that you most often have elections  annually but I have seen associations where because of the staggering of terms  they have elections two consecutive years and then the third year the election  is skipped because no one's term is up. The true answer is you have to follow  the provisions in your bylaws.”  


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