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| 2 | 2 | | HOUSE DOCKET, NO. 196 FILED ON: 1/7/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1539 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Hannah Kane |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to condominium elections. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Hannah Kane11th Worcester1/7/2025 1 of 7 |
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| 16 | 16 | | HOUSE DOCKET, NO. 196 FILED ON: 1/7/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1539 |
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| 18 | 18 | | By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1539) of |
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| 19 | 19 | | Hannah Kane relative to condominium elections. Housing. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 1346 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to condominium elections. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Chapter 183A of the General Laws is hereby amended by adding the following section:- |
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| 31 | 31 | | 2 Section 24. (a) Any election held by any organization of unit owners shall be decided by |
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| 32 | 32 | | 3a plurality of those ballots cast on the day of the election or annual meeting; provided, that such |
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| 33 | 33 | | 4ballots shall include absentee ballots. There shall be no quorum requirement for any such |
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| 34 | 34 | | 5election. Owners who are in attendance at the election or annual meeting and those valid |
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| 35 | 35 | | 6absentee ballots received by the election inspector by the day of the election or Annual Meeting |
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| 36 | 36 | | 7shall constitute a quorum. For the purposes of this section, the term election inspector shall mean |
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| 37 | 37 | | 8an election inspector appointed pursuant to subsection (s). Unit owners not in attendance and |
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| 38 | 38 | | 9who have not submitted an absentee ballot forfeit their right to vote in the election. 2 of 7 |
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| 39 | 39 | | 10 (b) No proxy ballots are to be allowed and no unit owners are permitted to designate their |
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| 40 | 40 | | 11vote to another unit owner. Unit owners no present to vote at the meeting in person shall comply |
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| 41 | 41 | | 12with the absentee ballot procedure in subsections (l) to (o), inclusive. |
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| 42 | 42 | | 13 (c) Notice of annual meeting shall include a call for nominations notice if there are |
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| 43 | 43 | | 14available board of trustee positions to fill and an election is scheduled to occur. The notice shall |
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| 44 | 44 | | 15be sent no less than 45 days before the date of the annual meeting. |
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| 45 | 45 | | 16 (d) Any unit owner wishing to be considered as a candidate for a board position shall |
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| 46 | 46 | | 17notify the organization of unit owners in writing not less than 20 days before the election by one |
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| 47 | 47 | | 18of the following methods of delivery: (1) in hand; (2) by certified mail with return receipt; (3) by |
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| 48 | 48 | | 19electronic mail with an electronic mail reply received from the organization of unit owners that |
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| 49 | 49 | | 20the notification was received; or (4) regular United States mail with a written receipt of |
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| 50 | 50 | | 21acknowledgement from the organization of unit owners. |
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| 51 | 51 | | 22 (e) A second notice shall be sent out to all unit owners no less than 14 days prior to the |
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| 52 | 52 | | 23annual meeting or election indicating the names of all unit owners who responded to the call for |
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| 53 | 53 | | 24nominations and who wish to run for a board position. An absentee ballot shall be included in |
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| 54 | 54 | | 25this second notice with clearly stated instructions on how to return the absentee ballot to the |
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| 55 | 55 | | 26election inspector. The absentee ballot should include the names of all candidates, their address |
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| 56 | 56 | | 27and their length of time on the board. The absentee ballot shall indicate the number and length |
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| 57 | 57 | | 28of the board members terms that are expiring. If a unit owner candidate has included a 1 page |
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| 58 | 58 | | 29resume or biography, this shall be included in the notice. |
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| 59 | 59 | | 30 (f) The call for nominations shall be a formal notice sent to all owners asking those |
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| 60 | 60 | | 31interested in board service submit a statement of interest. This notice shall indicate the number 3 of 7 |
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| 61 | 61 | | 32and length of the board members terms that are expiring. Nominations received by the |
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| 62 | 62 | | 33association at least 14 days before mailing the election notice shall be listed on the ballot and |
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| 63 | 63 | | 34included with any absentee ballots that are mailed or otherwise distributed. Upon request of a |
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| 64 | 64 | | 35candidate, the organization of unit owners shall include an information sheet on a 81/2 by 11 |
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| 65 | 65 | | 36inch piece of paper, which shall be furnished by the candidate not less than 30 days before the |
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| 66 | 66 | | 37election. This informational sheet shall be included with any absentee ballots mailed or |
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| 67 | 67 | | 38otherwise distributed. The board candidate’s information sheet shall provide the candidate's |
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| 68 | 68 | | 39name, address, experience, and the reasons for wanting to serve on the board. Upon distribution |
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| 69 | 69 | | 40to unit owners, any and all candidate’s information sheet shall be printed on a single-sided sheet |
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| 70 | 70 | | 41of paper and placed in alphabetical order in any mailing or distribution. |
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| 71 | 71 | | 42 (g) A board candidate elect shall meet the following criteria to qualify: (1) be up-to-date |
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| 72 | 72 | | 43in their assessments and condominium maintenance fees; (2) be a current unit owner; (3) be up to |
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| 73 | 73 | | 44date on city or town property tax assessments; and (4) not be subject to a current foreclosure |
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| 74 | 74 | | 45action. |
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| 75 | 75 | | 46 (h) In the event that an organization of unit owners is unable to find a unit owner willing |
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| 76 | 76 | | 47to run for the position of trustee after 2 written or electronic mail attempts; provided, that 1 of |
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| 77 | 77 | | 48such attempts shall be in the form of a written call for nominations letter mailed to all unit |
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| 78 | 78 | | 49owners, the board may solicit other board candidates who are non-unit owners, contractors or |
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| 79 | 79 | | 50vendors. Preference for board positions shall be reserved for a unit owner first and board |
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| 80 | 80 | | 51members who are not unit owners should be reserved only when no unit owner is willing or able |
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| 81 | 81 | | 52to join the board. |
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| 82 | 82 | | 53 (i) There shall be no write-in candidates on any ballot or in any election. 4 of 7 |
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| 83 | 83 | | 54 (j) If a candidate for trustee chooses to be elected for a specific board this preference shall |
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| 84 | 84 | | 55be made known when responding to the call for nominations notice. This preference shall be |
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| 85 | 85 | | 56documented on any ballot, candidate list or form regarding the election. If the call for |
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| 86 | 86 | | 57nominations reveals that 2 candidates for trustee are seeking the same position on the board, the |
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| 87 | 87 | | 58preference shall be given to the candidate receiving the higher number of unit owner votes in the |
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| 88 | 88 | | 59election or annual meeting. |
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| 89 | 89 | | 60 (k) Any member of the board seeking a new or different position on the current board or |
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| 90 | 90 | | 61if there is any dispute of the board with regard to who shall hold the position this question shall |
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| 91 | 91 | | 62be voted upon by the unit owners at the next scheduled annual meeting. No quorum shall be |
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| 92 | 92 | | 63required and the absentee ballot process shall be followed in the same manner as if a regular |
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| 93 | 93 | | 64annual meeting or election was held. Those individuals seeking a new or different board position |
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| 94 | 94 | | 65may provide a candidate information sheet pursuant to the requirements in subsection (f). |
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| 95 | 95 | | 66 (l ) Not less than 14 days prior to the organization of unit owners annual meeting or |
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| 96 | 96 | | 67election, a second notice shall be sent to all unit owners listing the names of all valid unit owner |
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| 97 | 97 | | 68candidates who responded to the call for nominations letter and who wish to run for a board |
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| 98 | 98 | | 69position. An absentee ballot shall be included in the second notice with instructions on how to |
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| 99 | 99 | | 70return the absentee ballot to the election inspector and a specific mailing address to which the |
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| 100 | 100 | | 71absentee ballot shall be mailed. |
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| 101 | 101 | | 72 (m) The absentee ballot shall include the names of all candidates, their address and their |
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| 102 | 102 | | 73length of time on the board. The absentee ballot shall indicate the number and length of the board |
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| 103 | 103 | | 74members terms that are expiring. If a unit owner candidate has included a 1 page resume or 5 of 7 |
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| 104 | 104 | | 75biography, this shall be included in second notice. No absentee ballots shall be received, opened |
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| 105 | 105 | | 76or evaluated by any standing board member or the current property management company. |
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| 106 | 106 | | 77 (n) In the event that a unit owner or board candidate cannot attend the annual meeting or |
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| 107 | 107 | | 78election in person, a completed absentee ballot may be returned by 1 of the following methods: |
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| 108 | 108 | | 79(1) mailed or delivered in hand to the election inspector or (2) submitted in a sealed envelope, |
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| 109 | 109 | | 80signed across the seal of the envelope to any other unit owner who is not a standing board |
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| 110 | 110 | | 81member for submission election inspector at the annual meeting. |
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| 111 | 111 | | 82 (o) For the absentee ballot to be considered valid, it shall be submitted to the election |
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| 112 | 112 | | 83inspector in a sealed envelope, signed across the back by the absentee unit owner. An absentee |
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| 113 | 113 | | 84ballot may be revoked at any time by the unit owner. Any absentee ballot received, handled or |
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| 114 | 114 | | 85viewed by any entity currently receiving payment for service by the current board shall be void. |
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| 115 | 115 | | 86 (p) Any blank ballots delivered to the election inspector shall be considered void and |
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| 116 | 116 | | 87none are to be submitted or accepted at any time by the election inspector for purposes of this or |
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| 117 | 117 | | 88any board election. At no time shall any ballot of any kind be given, delivered, faxed or mailed |
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| 118 | 118 | | 89to any entity currently receiving payment for services by the current board. |
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| 119 | 119 | | 90 (q) Each candidate for Trustee shall have at least 3 minutes to address the voting unit |
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| 120 | 120 | | 91owners; provided, however that this time shall not be used to endorse other trustee candidates or |
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| 121 | 121 | | 92to encourage the voting public or unit owners to vote for any particular candidate. |
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| 122 | 122 | | 93 (r) There shall be no talking by any voting party, any employee of the board, any |
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| 123 | 123 | | 94attorneys or any volunteers during the time from when the ballots are distributed to when the |
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| 124 | 124 | | 95ballots are collected by the election inspector. During the voting process, any question about the 6 of 7 |
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| 125 | 125 | | 96ballot or candidates should be directed only to the election inspector overseeing the election and |
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| 126 | 126 | | 97no other party. |
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| 127 | 127 | | 98 (s) An organization of unit owners shall appoint 1 or 3 election inspectors to oversee the |
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| 128 | 128 | | 99elections. An election inspector shall be someone who is not affected by the outcome of the |
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| 129 | 129 | | 100election, not currently contracted to perform any service of the organization of unit owners and |
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| 130 | 130 | | 101not receiving any payment, fees or services from any member of the current board or any |
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| 131 | 131 | | 102property management company with the exception of any reasonable and customary |
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| 132 | 132 | | 103compensation for the specific task of overseeing the election process of the organization of unit |
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| 133 | 133 | | 104owners. Election inspectors shall not have a personal relationship or other conflict of interest |
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| 134 | 134 | | 105with any sitting member of the board, board candidate or the property management company |
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| 135 | 135 | | 106associated with the board. Election inspectors shall do the following: (1) determine the number |
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| 136 | 136 | | 107of unit owners entitled to vote and the voting power of each; (2) determine the authenticity, |
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| 137 | 137 | | 108validity, and effect of ballots received; (3) receive ballots; (4) hear and determine all challenges |
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| 138 | 138 | | 109and questions in any way arising out of or in connection with the right to vote; (5) count and |
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| 139 | 139 | | 110tabulate all votes; (6) determine when the polls shall close; (7) determine the result of the |
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| 140 | 140 | | 111election; and (8) perform any acts as may be proper to conduct the election with fairness to all |
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| 141 | 141 | | 112members in accordance with this section and all applicable rules of the organization of unit |
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| 142 | 142 | | 113owners regarding the conduct of the election that are not in conflict with this section. |
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| 143 | 143 | | 114 (t) Votes shall be counted the same day of the election and preliminary results pending |
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| 144 | 144 | | 115any required verification by the election inspector of the validity of returned ballots including the |
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| 145 | 145 | | 116number of votes for each candidate and announced publicly at the annual meeting or election. |
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| 146 | 146 | | 117Any candidate, or designated candidate representative in the event a candidate cannot be present, 7 of 7 |
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| 147 | 147 | | 118who wishes to remain present for the counting of the votes and the preliminary results shall have |
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| 148 | 148 | | 119the right to do so without restriction. |
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| 149 | 149 | | 120 (u) Final election results shall be announced within 3 days of the election, after |
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| 150 | 150 | | 121verification of validity of all ballots by the election inspector. If final verification of validity of |
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| 151 | 151 | | 122all ballots returned will be done on a single day, any candidate shall have the right to remain |
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| 152 | 152 | | 123present for this procedure and the announcement of the final results. If any ballots are deemed |
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| 153 | 153 | | 124invalid by the election inspector, any candidate receiving 1 of the invalid ballots specified, shall |
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| 154 | 154 | | 125have the right to view the original ballot and obtain a photocopy of the ballot upon request. |
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| 155 | 155 | | 126Trustees shall be elected by a plurality of the votes. |
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| 156 | 156 | | 127 (v) Any unit owner, who is elected to the board, shall immediately forfeit this position in |
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| 157 | 157 | | 128event that the unit, which such person owns, is foreclosed upon or sold. A call for nominations |
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| 158 | 158 | | 129and subsequent election shall be held to fill any such vacancy created in this manner. |
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