Condo associations and single-family HOAs share many governance principles, but condominium elections have unique characteristics that boards must understand. From weighted voting based on unit size to developer transition elections, condo association voting involves legal and procedural nuances that can trip up even experienced board members.<\/p>\n\n\n\n
This guide covers the key differences between condo and HOA elections, the special compliance requirements for condominium associations, and how to set up condo elections that are legally sound and operationally smooth.<\/p>\n\n\n\n
Factor<\/strong><\/p><\/td> Single-Family HOA<\/strong><\/p><\/td> Condo Association<\/strong><\/p><\/td><\/tr> Voting Weight<\/p>\n<\/td> Typically one vote per lot\/unit<\/p>\n<\/td> Often weighted by ownership percentage or unit size<\/p>\n<\/td><\/tr> Governing Law<\/p>\n<\/td> State HOA statutes<\/p>\n<\/td> State Condominium Act (often separate from HOA statute)<\/p>\n<\/td><\/tr> Developer Role<\/p>\n<\/td> Limited after buildout<\/p>\n<\/td> Developer often retains control until turnover threshold<\/p>\n<\/td><\/tr> Common Elements<\/p>\n<\/td> Shared amenities, roads<\/p>\n<\/td> Shared building structure, systems, and common areas<\/p>\n<\/td><\/tr> Assessment Basis<\/p>\n<\/td> Usually equal per lot<\/p>\n<\/td> Based on percentage of common interest<\/p>\n<\/td><\/tr> Insurance<\/p>\n<\/td> Individual structures<\/p>\n<\/td> Master policy for building; individual for contents<\/p>\n<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n One of the most significant differences in condo elections is weighted voting. In many condominium associations, voting power is proportional to each unit’s percentage of common interest, which typically corresponds to unit size or value.<\/p>\n\n\n\n For example, a two-bedroom unit representing 1.5 percent of the common interest would have more voting power than a studio representing 0.8 percent. This means a condo election is not simply one person, one vote. The weight of each ballot varies by unit.<\/p>\n\n\n\n ElectionChamp supports weighted voting. When importing your voter list, include a column for the vote weight assigned to each unit. The system will apply these weights when calculating results, so a unit with a weight of 1.5 will have their vote count as 1.5 rather than 1.0. Results are displayed showing both raw vote counts and weighted totals.<\/p>\n\n\n\n Multi-unit owners present a special consideration. If one person owns three units, they may be entitled to three separate voter keys, each with the appropriate weight for that unit. Alternatively, your governing documents may allow them to cast a single weighted vote combining all their ownership interests. Check your declaration and bylaws for the specific rules.<\/p>\n\n\n\n Condo associations often begin under developer control. The developer retains control of the board until a specified threshold of units are sold, typically 75 percent in many states. The transition election, when control passes from the developer to unit owners, is one of the most important votes in a condo association’s history.<\/p>\n\n\n\n Transition elections require careful compliance with state law. Consider engaging a community association attorney to oversee the process.<\/p>\n\n\n\n Condo associations typically conduct several types of votes:<\/p>\n\n\n\n The most common vote type. Unit owners elect representatives to the board of directors. Depending on your declaration, you may have staggered terms, at-large seats, or seats designated by building or section.<\/p>\n\n\n\n Major expenditures like roof replacements, elevator modernization, or structural repairs often require unit owner approval. These votes typically require a supermajority (60 to 75 percent) of ownership interests, not just a simple majority of voters.<\/p>\n\n\n\n Amendments to the declaration or bylaws require unit owner votes, often with supermajority thresholds. These can be challenging to pass because of the high approval thresholds combined with typical low participation rates.<\/p>\n\n\n\n Some states allow condo associations to waive or reduce reserve funding requirements with a vote of unit owners. These votes have specific statutory requirements and should be approached carefully.<\/p>\n\n\n\n Condo associations are governed by state-specific condominium acts that are often separate from HOA statutes:<\/p>\n\n\n\n Always verify which statute governs your specific association and ensure your election process complies with its requirements.<\/p>\n\n\n\n |