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AndrewP3 (Florida)
Posts: 4
Posted:
The bylaws read "Any candidate must be a paid up association member. The Board shall be elected by a majority of the Unit membership present at the annual meeting. They shall assume office immediately upon being elected." My question is, a person who pays their 2015 membership dues prior to the Dec. 2014 annual meeting, should it be concluded that the person would be a paid up association member. My reasoning is that the person would be a paid up association member through Dec. 31, 2015. There is vagueness in the bylaw, and the person should be eligible to be a candidate. The person in question is a new member and the membership commitee stops selling 2014 membership cards in mid Nov., and the bylaws doesn't say anything but "a paid up association member"
Another question the bylaws are vague only referring to members being notified of annual meeting, would not this same person be able to vote at the annual meeting.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Being a mobile home park, I expect that your Association would need to comply with the Florida Mobile Home Act.

Quote:
Posted By AndrewP3 on 11/25/2014 9:51 PM

My question is, a person who pays their 2015 membership dues prior to the Dec. 2014 annual meeting, should it be concluded that the person would be a paid up association member.

Yes and no.

Technically, based on my interpretation (and keep in mind that I am not an attorney nor do I work in the legal profession), a candidate would only have to be paid up through the date of the meeting or for the year the meeting is held (depending on if dues are paid monthly/quarterly or annually).

If you are not a member in 2014 and the meeting was held in 2014 - you could not technically be a candidate (at least in my opinion). However, also in my opinion, the Board should allow you to be a candidate anyway.

Quote:
Posted By AndrewP3 on 11/25/2014 9:51 PM

Another question the bylaws are vague only referring to members being notified of annual meeting, would not this same person be able to vote at the annual meeting.

Again, in my opinion, no.

The individual who did not purchase a 2014 membership, is not a member at the time of the meeting. Therefore, they technically would have no membership rights until 2015.
JamesO6 (Florida)
Posts: 170
Posted:
I am Biting my tongue so hard here, I/we/our section was invited to vote in a HOA, problem was our side knew what they were up to. we were not in their HOA even they tired that same old trickery to get an side they'll us to whatever means to get your section into their HOA.

Don't get screwed by some idiots HOA claiming your in their HOA. Just breath and ask them to show their legally under oath where it says that.

99% of the time they already shoved that crap down your throat, the rest of the times is posturing's.

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