CMCA Meetings, Elections, and Voting 3 — Questions and Answers
Question 1: A board member has a direct financial interest in a contract being voted on at a board meeting. Best practice requires the director to:
- Vote in favor to demonstrate transparency
- Disclose the conflict, recuse from discussion, and abstain from the vote (Correct answer)
- Leave the room only during the vote but participate in discussion
- Resign from the board before the vote
Correct answer: Disclose the conflict, recuse from discussion, and abstain from the vote
Conflict-of-interest best practice requires disclosure, recusal from the discussion, and abstention from the vote to protect the association.
Question 2: The notice for an annual meeting must typically be sent within which timeframe under most state community association statutes?
- At least 24 hours before the meeting
- Between 10 and 60 days before the meeting, as specified by governing documents or statute (Correct answer)
- Exactly 90 days before the meeting
- No notice is required if the meeting date is in the bylaws
Correct answer: Between 10 and 60 days before the meeting, as specified by governing documents or statute
Most state laws and governing documents require meeting notices to be sent within a window of approximately 10 to 60 days prior to the meeting.
Question 3: An association member requests to add an item to the agenda of the next board meeting. Under most governing documents, a member can:
- Add any item by submitting a written request 48 hours in advance
- Address the board during the open forum but cannot control the formal agenda (Correct answer)
- Require the board to vote on any item a member requests
- Add items only if they have been a member for at least one year
Correct answer: Address the board during the open forum but cannot control the formal agenda
Members generally have the right to speak during an open forum but do not have the authority to add binding agenda items to a board meeting.
Question 4: What is a 'limited proxy' in the context of community association elections?
- A proxy that expires after 30 days regardless of meeting date
- A proxy that authorizes the proxy holder to vote only on specific items listed on the form (Correct answer)
- A proxy issued only to board members
- A proxy that allows voting on financial matters but not elections
Correct answer: A proxy that authorizes the proxy holder to vote only on specific items listed on the form
A limited proxy restricts the proxy holder's authority to cast votes only on the particular agenda items or candidates specified on the proxy form.
Question 5: A special meeting of the membership is called to vote on a special assessment. Notice must typically describe:
- Only the date, time, and location of the meeting
- The specific purpose of the meeting, because business at a special meeting is limited to that purpose (Correct answer)
- All regular business items in addition to the special assessment
- Only the amount of the assessment, not how it will be used
Correct answer: The specific purpose of the meeting, because business at a special meeting is limited to that purpose
Special meetings are limited in scope to the purposes stated in the notice, so the notice must clearly describe the subject matter to be addressed.
Question 6: Under cumulative voting rules used in some association elections, an owner with three votes for three open board seats may:
- Cast only one vote per candidate with no ability to concentrate votes
- Allocate all three votes to a single candidate if desired (Correct answer)
- Vote for three different candidates with exactly one vote each, no exceptions
- Only vote if they hold a cumulative proxy from another owner
Correct answer: Allocate all three votes to a single candidate if desired
Cumulative voting allows an owner to concentrate multiple votes on one or more candidates rather than distributing exactly one vote per seat.
Question 7: The board passes a resolution during an executive session. Which action is required to make that resolution effective?
- Executive session resolutions are automatically effective when voted upon
- The resolution must be ratified by a majority of all owners at the next annual meeting
- The board must report the action (not the confidential deliberations) in the minutes of the next open session (Correct answer)
- Executive session decisions cannot constitute binding resolutions
Correct answer: The board must report the action (not the confidential deliberations) in the minutes of the next open session
While deliberations in executive session remain confidential, any board action taken must be recorded and reported in the open session minutes to be enforceable.
CMCA Meetings, Elections, and Voting 3
A board member has a direct financial interest in a contract being voted on at a board meeting.
Best practice requires the director to: