Voting under Florida Statute 723

We are trying to determine the correct votng procedure when voting for new officers of our HOA.
Under our statute we are required to have a quorum of over 50% of our HOA membership. Since we
only get about 10 to 20% of our membership at any meeting they have been mailing the Board of Directors votes to all members and they in return are mailed back to a present Board Member or are asked to deposit their vote in a box in the club-house designated voters box. We do not feel that this is the correct procedure to take and would like some input on this. Is it possible to change the by-laws on the voting percentage needed. Thank you

James

This could be the classic chicken/egg arguement. Yes most Bylaws can be changed but it might take a majority/quorum to do so.

Most Bylaws do provide/accommodate a method for non-attendees to vote. Proxies, Absentee Ballots, Power of Attorney, etc. I have seen very few people actually turn up at a meeting but they were armed with enough "votes" to carry the evening.

Rules and Regulations made by a BOD can be used to clarify, but not contradict the Bylaws. Not contradict can be the tricky part. Many use them to try and contradict the Bylaws.

FL is one screwed up, overly regulated state for any type living arrangement associations be they condos, homes, mobile homes, etc. so others might better answer your question. Do to being screwed up, you might well end up needing the dreaded legal advice.