HOA and Condo Association basic legal issues July 13, 2017

This video by Oklahoma community association lawyer Matthew L. Winton is a two hour presentation on an introduction to Oklahoma community association legal issues. Topics discussed are general development and how condo and HOAs are created and formed, Oklahoma law and statutes, terminology, HOA meeting management, and enforcement issues. Questions and answers were part of the presentation format. For a schedule of upcoming presentations, go to http://nacok.org/events/

Winton Law collections memo

At the recent Neighborhood Alliance HOA Legal Issues workshop, a request was made for the Winton Law assessment collections memo. You may Download Winton Law Collections Memorandum 2016 by clicking on the link. You may contact the office to discuss the particulars of your association's collections issues.

I also want to thank Mutual of Omaha for sponsoring the Legal Issues workshop. Check the Neighborhood Alliance webpage for upcoming Legal Issues workshops - we put on approximately four sets per year, the first being a basics course and then a companion advanced course.

Matthew L. Winton

Oklahoma condominium and homeowner association lawyer

Association elections; forms

Many homeowner associations, condominium associations, and community associations will be engaging in the election of directors for their board this fall. As many community associations gear up for fall elections, your association board might find the following information and forms useful.

In 2004, the legislature added subsection E to 18 O.S. 1060 to allow for the submission of electronic voting ballots. Without an abundance of provision, the legislature provided:

E. If authorized by the governing body, any requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission, provided that the electronic transmission shall either set forth or be submitted with information from which it can be determined that the electronic transmission was authorized by the member or proxy holder.

Each board would need to determine what would constitute "information" sufficient to determine the ballot was in fact cast by a member or proxy holder. While electronic voting does pose some unique problems, allowing members to vote via email, fax, or other electronic transmission could allow the association to garner more participation from members than the association would otherwise.

Another helpful tool for elections may be the use of candidate surveys. For a sample, you can Download form_bod_election_survey.pdf . A survey allows the members to know a little more about a candidate before voting. In larger associations, the members might not know the qualifications of a particular candidate. The survey provides the member with information on which to base an informed decision.

A final tip regards the inspection of elections. For incorporated associations, Oklahoma law requires elections to be administered with at least one inspector. To read the applicable statute, click here. One provision in 18 O.S. 1075.1 requires inspectors to execute an oath of inspection. For a sample, you can Download form_inspectors_oath.pdf.

Matthew L. Winton, Esq.

Parliamentary procedure websites

For anyone within any organization, particularly community associations, you have to spend some time digesting the information contained on Rod Davidson's parliamentary procedures websites here and also here. You can learn more about Mr. Davidson and his important work here.

For the curious, parliamentary procedure describes the rules under which meetings are conducted. For our Oklahoma associations, there is a considerable vacancy when it comes to formalized and standardized meeting procedures. Even the most experienced will have something to learn from Mr. Davidson and his websites.

MLW

Parliamentary procedure resources

Most, if not all, associations will conduct some form of a meeting. Boards and committee meet. Members meet on an annual basis. Many associations use some form of parliamentary procedure to organize their meetings. You may be most familiar with "Roberts Rules of Order" but there are numerous different forms an association could adopt. The American Institute of Parliamentarians may be helpful.