Page 7 - New England Condominium March 2019

NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
- MARCH 2019
7
Can Elections Be Ignored?
Q
The election of officers did not
occur at our condo’s annual
meeting, nor was a date and
time set for the election. The election of
officers has not occurred within the 10
days as stated in our bylaws or state stat-
utes because there was not a quorum of
board members available at the meeting.
I have been calling for a secret ballot
vote for election of officers since one of
our board members will not be present
for the election. She has sent in her se-
cret ballot indicating her votes in a sealed
envelope. The property manager is say-
ing that her vote cannot count since the
nomination for offices must be made and
accepted before voting.
Is her secret ballot vote valid as long
as those she is voting for are nominated?
And once secret ballot voting is request-
ed, can it be denied?
— Anxious Voter
A
According to Patrick J. Brady, to be elected for a position may be sub-
a partner in the Braintree, sequently nominated for another posi-
Massachusetts law fi rm Mar-
cus, Errico, Emmer & Brooks, PC: “Elec-
tion of offi cers on a board is governed by meeting and their nominations accepted,
provisions in the condominium documents pre-voting is not permitted for the elec-
—and if not addressed in the governing tion of officers.
documents, in accordance with administra-
tive rules adopted by a majority vote of the board may request them. However, the
board. Th e general protocol for a meeting final decision whether or not to conduct
to elect the offi cers of a board of trustees is elections by secret ballot is a decision for
that trustees in offi ce who are present at the the majority of the board. As such, a re-
meeting may vote in offi cer elections. If al-
lowed by the condominium documents or a majority of the board does not vote in
by a rule adopted by the trustees, trustees favor of the request.”
may be deemed present and participate
remotely via electronic means so they can
contemporaneously hear and be heard by
all other trustees at the meeting.
“Nominations—including
self-nom-
inations—for officers are submitted to
the board at the start of the meeting. The
election of officers will be held in writ-
ing, by electronic mail, or orally. Nomi-
nations for a position are accepted until
the start of voting for that particular po-
sition—however, a candidate who fails
tion. Therefore, since candidates for the
various positions are not known until the
“As for secret ballots, a member of the
quest for a secret ballot can be denied if
■
Legal
Q
A&
clientsvc@jbutlerpropertymgmt.com | P: 978-694-9004
F: 978-694-9008 | www.jbutlerpropertymgmt.com
COMPANY OVERVIEW
•
Family owned and managed Massachusetts based property
management company
•
Offers superior construction-related expertise and resources
•
Blends management expertise with open communication between
the board, unit owners and managing agent, making for a
healthier property
•
Superior vendor and cost management
•
Deployment of in-house maintenance and grounds-keeping crews
At J. Butler Property Management, LLC, we measure our success in
terms of client satisfaction and take a long-term view of every
relationship.
A Company you can trust...
A Company you can depend on...
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An Unparalleled Level of Condominium Service
Do you have an
issue with your
board? Are you wondering how
to solve a dispute with a neigh-
bor? Can’t fi nd information you
need about a building’s fi nanc-
es? Our attorney advisors have
the answers to all of your legal
questions. Write to New England
Condominium and we’ll pub-
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response from one of our attor-
ney advisors. Questions may be
edited for taste, length and clar-
ity. Send your questions to:
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Q&A
Disclaimer: Th e answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
specifi c circumstances. Always seek the advice of
competent legal counsel or other qualifi ed profes-
sionals with any questions you may have regard-
ing technical or legal issues.