Tag Archives: interest

Getting Out The Vote

Door Prizes, Proxies Are Used to Boost Annual Elections

While the election format in a condominium community is pretty much the same as  for any other club or organization, property managers and board members are  looking to make the process easier and increase unit owner participation. Unit  owner participation, in particular, can be a challenge as some condos find it  hard to get enough members for a quorum at their annual meetings.  

 To combat low attendance, some community associations are using raffles, or  offering prizes –drawing names from returned ballots at the annual meeting, or combining the  meeting with a cookout or other social event. Other communities with low  attendance are trying to increase proxy voting. And the use of online voting is  definitely trending upward as more business is conducted by computer.  

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FEMA Debris Removal Rules for Costal Associations

Summary: FEMA adopted new debris removal rules in 2006 that may impact private roads and gated communities, particularly in coastal areas.

by Kevin Davidson
Property Owners Association of Ono Island, Inc.

Reference:  Department of Homeland Security, Region IV Memorandum for Infrastructure Staff of 7 July 2006.
Subject: Debris Removal from Roadways in Private or Gated Communities.

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Steering Clear of Fiduciary Dangers What Boards of Directors Need to Know

Why do directors have a fiduciary duty?

A fiduciary duty arises out of a relationship in which one person or entity is entrusted to control the decisions or interests of another. For example, the common estate planning device of an inter vivos trust sometimes provides for a lending institution to be the trustee and to control the funds within the trust. In such a relationship, the lending institution would be a fiduciary and have fiduciary duties to the beneficiaries of the trust. Similarly, the board of directors of a homeowners’ association exercises control over the affairs of its membership, and based on this special relationship, the directors of the association owe a fiduciary duty to its members. Most jurisdictions have either enacted statutes or have specific case law on point which provides that directors of non-profit corporations are fiduciaries.

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