CONDOMINIUM ELECTIONS

ANNUAL ELECTIONS:for some condominiums, they're a natural part of the annual community cycle of governance.For other, they're a source of misunderstanding between neighbors resulting from a lack of knowing "how to".For everyone in your condominium, we hope these FAQs offer a clearer path toward maintaining democracy in your community.

What is the legal authority for calling an Annual Meeting & Election?

The relevant laws are Section 11-101 et seq. of the Maryland Condominium Act (Title 11 of the Real Property Article of the Maryland Code); Chapter 10B of the Montgomery County Code, and the association's own governing documents, especially its bylaws.

(This FAQ is consistent with the Maryland Condominium Act and the Montgomery County Code.Most requirements of the Condominium Act are not in the Maryland Homeowners Association Act, which is found in Title 11B of the Real Property Article of the Maryland Code, but they may be in the Montgomery County Code, which applies to both condominium and to homeowner associations.)

When should we hold elections for members of our Board of Directors?

Unless otherwise stated in your governing documents, many associations hold board elections at their annual meetings.For purposes of our discussion, we will assume that the elections are normally held at the annual meetings.

Are there deadlines for scheduling elections?

The annual meeting and/or election date may be set in your bylaws.If not, it should be set as close as possible to prior annual meeting dates.Work backward from that date to create a timetable.

A Call for Nominations must be sent to all owners no less than 45 days before sending a notice of election.(Maryland Condominium Act, Section 11-109(c)(13).)

Unless otherwise stated in your bylaws, a Notice of Annual Meeting/Election must be sent to all owners no less than 10 days, and no more than 90 days, before the event.(Maryland Condominium Act, Section 11-109(c)(4); MontgomeryCountyCode, Section 10B-17(a).)If your bylaws are silent on this point, we recommend sending the notice 20 to 30 days before the scheduled date.

Example:If you annual meeting/election will be held December 1 and your bylaws don't specify when to send the required notices, the Call for Nominations should

be mailed around September 15 (65 to 75 days before December 1); and returned by October 15^th.Formal notice of the meeting/election should be mailed the first week of November.

What is the Call for Nominations?

The Call for Nominations is a formal notice sent to all owners asking those interested in board service to submit a statement of interest.It should indicate the number and length of the terms directors' terms that are expiring.Nominations received at least 15 days before mailing the election notice shall be listed on the ballot.(Section 11-109(c)(13) of the Maryland Condominium Act.)

The statement of interest should provide the candidate's name and address.It's also helpful to include pertinent experience, and the reasons for wanting to serve on the board.Note: Many association documents require candidates to be up-to-date in their assessments and to have no outstanding covenant or rules violations.

What information should be included in the formal Annual Meeting Notice?

The Annual Meeting Notice should include:

*Date, time, and place of meeting;

*Agenda (bylaws may specify agenda)

*Candidate Interest Statements;

*Proxy (may be combined with the Absentee Ballot)

*Absentee Ballot (used to vote for directors);

*Instructions for completing the Proxy or Absentee Ballot; and

*Return envelope(s).

All election materials prepared with condominium funds, including proxies and ballots, must list candidates in alphabetical order, and may not indicate a preference for any candidates.(Maryland Condominium Act Section 11-109(c)(13-14); MontgomeryCountyCode Section 10B-17(b).)

What is a Proxy, and what does it do?

A proxy is an authorization for one person to act in place of another; the person who has been authorized also is referred to as a proxy.

Proxies may be used by owners to submit their votes when they are unable to attend the meeting at which a vote is to be taken.A proxy is effective for up to 180 days from the date it is granted but it may be revoked at any time by the unit owner.(Maryland Condominium Act Section 11-109(c)(9-10).)

An owner appointing/authorizing a proxy to vote for members of the board of directors must designate/identify the specific candidate(s) for whom the proxy must vote.

Can we use Absentee Ballots?

Yes.They must be received in a signed, sealed envelope, and the envelope must state the unit number and vote percent on the outside.Absentee ballots may be opened only at a meeting at which all candidates or their delegates have a reasonable opportunity to attend.(MontgomeryCountyCode Section 10B-17(c).)

What is a suggested procedure and agenda for the Annual Meeting and election?

*Sign-In/Determine quorum, members' standing to vote (if a quorum is not

present, reschedule the meeting pursuant to the association's documents);

*Proof of Meeting Notice;

*Reading of last year's Annual Meeting minutes (or waive) and approval;

*Reports of Officers and Standing Committees;

*Appointment of Election Inspectors (to oversee the voting process);

*Open floor to additional nominations;

*Complete ballots and give to the Election Inspectors to tabulate the vote;

*Announce names of elected directors;

*Unfinished business;

*New business;

*Adjourn meeting.

Nominations may be made from the floor at the election meeting.(Maryland Condominium Act, Section 11-109(c)(13).)Ballots may not be opened or counted until the time for voting closes.(MontgomeryCountyCode Section 10B-17(f).)Proxies and ballots should be retained as "association records".(Maryland Condominium Act, Section 11-116(c).)

What else can we do to improve our elections?

*Use an Election/Nomination Committee of non-candidates/current board member-owners to oversee elections.

*Sponsor a Candidates' Forum in advance of the election.

*Use different colors of paper for each proportionate voting percent interest to make vote counting easier.

*Design proxies to permit separation of the ballot portion from the proxy authorization prior to actual count to facilitate voters' privacy.

*Specially recognize or sent "Thank-you" notes to unit owners who voted.

*Raffle door prizes donated by local businesses.

*Schedule a key-note speaker.(Members of the Commission are available to speak at association meetings on request.)

Where can I find the Maryland Code?

All County libraries carry the complete Maryland Code.You may also find it online at www.mlis.state.md.us/cgi-win/web_statutes.exe