process is properly maintained, so as to help ensure that the association moves on (as much as possible) in a united fashion following the election itself.
The annual election process should commence with a review of the association’s governing documents, including any electiony
rules. As election processes vary
from association to association, it is important that the rules set forth for the particular association are followed. By way of example, not all associations’ community instruments require that members be in good standing in order to be eligible to serve as board members. If such a requirement does exist, the community instruments must define what that means. Defining what it means to be in good standing should be resolved prior tor the commencement of the election process. The rules should be reviewed to confirm whether proxy voting is allowed. It is also a good idea for an association to review its electionrules at least six (6) months in advance of the annual meeting so there is sufficient time to adopt any newrules. Any election process, of course, must also be consistent with the Illinois Condominium Property Act or the Illinois Common Interest Community Association Act, if applicable. The community instruments should be reviewed to confirm all timing requirements are met, as the Illinois Condominium Property Act imposes strict timelines when voting is done by secret ballot. Finally, it should be determined whether cumulative voting is allowed.
Once the election process has been reviewed a request for candidates should be issued to the members. The qualifications for board membership should be outlined in the call for candidates. This should include a statement as to who is considered to be eligible to serve as a board member for those units owned in trust or by a corporate entity. Candidates should have the option of submitting a bio and position statement for dissemination to the membership. After the deadline for declared candidates has expired, the received candidate forms should be reviewed for eligibility (i.e. is the proposed candidate a “member”, in good standing, etc.). To the extent possible, unqualified candidates should be given the opportunity to become qualified prior to the meeting itself (i.e. pay the assessment balance).
Next, the board should discuss any issuesy with legal
counsel. If an election is expected to be contested, it is always a good idea to consult with legal counsel prior to the meeting or to request that legal counsel attend the meeting. At contested elections, emotions often run high. Specifically, if a new slate of candidates is running against an existing slate, there isoften mistrust that the process will be properly followed. Therefore, in such cases, it is important that the election itself is conducted in a transparent manner and in strict accordance with the electionrules. Having the election conducted by a third party, such as legal counsel or an accountant, often helps
46 | COMMON INTEREST®
reassure members that the election process will be strictly followed and without preference to the existing board members. These are issues which should be addressed before the meeting.
Thereafter, the notice of the annual meeting, including a proxy or ballot, as the case may be, should be delivered to the membership along with the received candidate
forms.Candidate forms should not be censored simply because the board or management does not like a statement made by a proposed candidate. Questions regarding whether statements rise to an actionable level (slander) should always be directed to legal counsel.
Immediately priory board candidacy andy
to the meeting, qualifications for voting rights should be confirmed.
Only those individuals qualified to serve as board members should remain on the ballot. Similarly, only those entitled to vote should be provided with a ballot. After that has occurred and members have checked in (in person or by proxy/ballot), the meeting should be called to order by the chair and quorum confirmed. If an opportunity is provided for candidates to introduce themselves and make a brief statement, all such candidates should be given an equal opportunity to do so. It is recommended that the chair of the meeting have election judges appointed to help validate and tally the votes. Those election judges should generally not be part of the current board and should not be one of the candidates (although the candidates should have the opportunity to watch the counting of the ballots). Any questions regarding the validity of any proxy or ballot should be resolved by legal counsel. Tallying should be done at least twice and all associated records should be kept for at least one (1) year in the association’s books and records.
Therefore, in short, in order to help encourage a smooth, uncontested election process, boards should:
• review their electionr
year tor confirm that they are clear andr action should be taken prior tor to correct or clarifyr
procedures and processes each objective. If not,f
the annual meeting any ambiguity (i.e. clarifying the definition of member inr good standing);
• strictly follow the process and address qualification issues objectively and consistently (i.e. there is not a set of rulesf
for currentr everyone else);
• encourage and ensure that management remains neutral with respect to annual elections and that management is not encouraged or directedr proxies on behalf off af slate of candidatesf candidate forms; and
or tor board qualifications, and the like.
to solicit censor
• allow legal counsel to opine on legal matters, such as validity of proxies,f
• Fall 2020 • A Publication of CAI-Illinois Chapter board members and a set for
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