Published on: 9062242. The rule amendment accomplishes the following purposes: clarifies that owners of multiple units must sign the petition for each unit; provides that the designated unit owner representative sign the petition; requires the association to provide a current list identifying the qualified voter for each condominium unit; requires the provision of a copy of the First Notice of Election; increases the petition filing time from 14 to 21 days in advance of an election; and requires associations to cooperate with the ombudsman and election monitor. The petition form is changed to correct mailing address and contact information; requires contact information for the property manager; requires petitioner to indicate whether the current list of qualified voters and First Notice of Election are attached to the petition; and deletes the option to provide a statement regarding the basis for the petition and other unnecessary information.
Published on: 5061. This rule amendment specifically permits the Office of the Ombudsman to issue an interim report prior to the actual election event recommending that an election be cancelled where the pre-election procedure was fatally flawed. The rule amendment will provide flexibility and will save associations the time and expense of waiting until the election has occurred to address fatal flaws in the process. The rule amendment also highlights the advisory role of the Office of the Ombudsman and clarifies that the Ombudsman properly observes the election, but does not affirmatively direct the operation of the election. This change is consistent with the recently issued opinion of the Attorney General (AGO 2005-53, Sept. 22, 2005) wherein it is concluded that the authority of the Office of the Ombudsman is primarily advisory in nature.