Having an Election Soon? Here is a 3-Step Primer on Planning for It
It’s never too early to start planning for your next HOA or condo association election. In fact, with notice requirements and deadlines for election-related tasks, you may actually fall short of having a valid election if you don’t get a jump on it early enough. Here are 3 potential key steps in the process you need to be sure to complete so your election results are solid.
Pop Quiz: What should be your first step in planning an annual meeting – which is where elections typically take place? As with any other question, start by checking the law which may have language governing the timing or frequency that annual meetings – and thus elections – are to occur. Now there is a law that governs elections for condo associations. But there’s no HOA law in Nebraska. You’re going to have to look to your Declaration and Bylaws for HOAs. However, even with condo associations, you still need look at the Declaration and the Bylaws.
1. Whether a Specific Annual Meeting Date Is Required.
The first thing you need to know is when your annual meeting is. Governing documents (your Declaration and Bylaws) will often say something like, “The meeting shall take place on the 2nd Tuesday in June”. If it says that, you have to hold it on that day. A lot of Boards say that we don’t like that date or that doesn’t work for us, so we are having it on another day. No, if you don’t like the date your governing documents specify, you need to amend your Declaration or Bylaws.
There is no Nebraska statute dealing with this issue. So you’re gonna have to rely on your governing documents.
2. Notice Requirements.
These can vary by your governing documents. For instance, the Nebraska condo law says that not less than 10 nor more than 50 days in advance of any annual meeting, the secretary (or other officer specified in the bylaws) shall cause notice to be hand-delivered or sent postage prepaid by US mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and any items on the agenda for the meeting.
There is no law concerning notice of HOA meetings, because, as usual, there is no Nebraska HOA law. So, you’re going to have to look at the bylaws for your HOA.
The bylaws of the condo association may also contain some notice requirements.
3. The Need For a Nominating Committee or Qualified Nominees.
You should check your bylaws whether they require that you create a nominating committee and if the bylaws have provisions governing how that committee works. There is no statutory requirement for this, but it often shows up in bylaws. Often those bylaws require a nominating committee that puts together nominations for candidates. If you aren’t required to do this, certainly you should put out a call for candidates.
Also, it’s important to note that if you’re a condo association, the law requires that the majority of board members be unit owners. Again, the bylaws might require a greater percentage. There is no law for this regarding HOA boards, but your bylaws may require some (or all) of the board members to be owners.
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