(a) Election dates and procedures. Not less than 10 nor more than 90 days before an election for the governing body of an association, the governing body must notify all members of the association of election procedures and the date of the election. An initial election for the governing body must be held not later than 60 days after the date that 50 percent of the units have been conveyed by the developer to the initial purchasers.
(b) Election materials. All election materials prepared with funds of the association:
(1) must list candidates in alphabetical order; and
(2) must not suggest a preference among candidates.
(c) Absentee ballots. Any unsigned absentee ballot, to be valid, must be:
(1) received in a signed, sealed envelope, bearing the identification of the dwelling unit and proportional voting percent, if any, on the outside; and
(2) opened only at a meeting at which all candidates or their delegates have a reasonable opportunity to attend.
(d) Proxy or power of attorney. Any proxy or power of attorney valid under state law may be used at any association meeting. However, a proxy and any power of attorney created for the purpose of a governing body’s election must be appointed only to meet a quorum or to vote on matters other than an election for a governing body unless the proxy or power of attorney contains a directed vote on the election. If a proxy or power of attorney form must be approved before it is cast, the approving authority must not unreasonably withhold its consent. A general power of attorney valid under state law may be used for any purpose at an association meeting that is consistent with the provisions of the general power of attorney, including for an election of the governing body.
(e) Cumulative voting prohibited. In an election for a governing body, for each unit that a members owns the member must not cast more than one vote for each candidate.
(f) Counting votes. Until the time for voting closes, an association must not open or count election ballots.
(g) Terms of office. Unless the association documents provide for other terms of office:
(1) a member elected to the governing body of an association is elected for a term of two 2 years; and
(2) the individual terms of the entire governing body are staggered, so that as close to one-third as possible are elected each year.
(h) A member of the governing body of a common ownership community must successfully complete the educational curriculum developed by the Commission or a similar educational curriculum administered by another organization that is approved by the Commission within 90 days after being elected or appointed to the governing body for the first time. The governing body must:
(1) certify that each member has successfully completed this training to the Commission;
(2) retain a copy of the certificate of completion for inspection by the members of the association for the duration of the governing body member’s service; and
(3) report to the Commission no later than December 31 of each year membership data required by the Commission, including
(A) the name and address of each member of the board;
(B) the date each member completed the required training;
(C) the number of vacancies on the board; and
(D) the length of time each vacancy existed.
(i) A failure to satisfy the training requirement in subsection (h) does not:
(1) remove the member from the governing body; or
(2) invalidate a vote made by the member.
(j) The Commission may exercise its authority under Section
10B-19(a) to ensure compliance with the training required by Subsection (h).
(k) A hearing panel or a hearing examiner may consider a board member’s failure to complete the training required by Subsection (h), if relevant, in deciding a dispute under Section
10B-13. (1990 L.M.C., ch. 33, § 1;
, § 1; , § 1.)
Editor’s note—, § 2, states: Each member of the governing body of a common ownership community who was appointed or elected before this law takes effect must successfully complete the training requirements contained in Section 1 within 90 days after being elected for a new term of office that begins after this law takes effect.
2015 L.M.C., ch. 2, § 3 states: The amendments made in Section 1 of this Act take effect on January 1, 2016.
