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Subject: Roberts Rules for election
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Author Messages
BridgetM6
(Florida)

Posts:8


02/13/2019 6:41 AM  
Myself and others will be running for the board Feb 27. We now have a bird member that absolutely do not want us to win because we choose to follow FS 723. They just put a flyer out stating “their “ process of how the annual meeting will go. It doesn’t line up with Roberts rules. Can anyone please assist us how we should confront this issue. They NEVER respond to any emails and we know them well enough they will decline our request!
SheliaH
(Indiana)

Posts:2560


02/13/2019 7:22 AM  
Robert's Rules isn't required to run a meeting (board or otherwise), unless your documents mandate this. It is recommended that you use them or at least some variation, otherwise you wind up with a free for all and it's hard to determine what actually got done or if it was approved properly (did anyone count the number of people voting for or against something).

Now this board member (not bird) may not want you and your companions to win, but remember he/she is ONE person, and can be outvoted. Take a look at this "process" and review it against your documents, and if it's not lining up with that and there's a board meeting prior to your annual, make sure all of you attend and point out your concerns. Don't get personal - simply state you want to ensure the election is run properly to ensure fairness to everyone. If they blow you off, speak your piece again during the annual meeting before the election (such as it is) takes place and see what happens. In the meantime, encourage all of your neighbors to attend - it's a little more difficult to commit mayhem when people are watching.
JohnC46
(South Carolina)

Posts:8425


02/13/2019 7:28 AM  
Bridget

What did they implement/do that upsets you?
GeorgeS21
(Florida)

Posts:1243


02/13/2019 8:09 AM  
See Bridget's other post - http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/259131/view/topic/Default.aspx


Bridget, can you provide additional information on your CC&Rs and Bylaws? These must be followed, as well, but are secondary to Florida Statute. Do you have copies of both, and the statute?

Are you renting the lot or the mobile home? Are there are least 10 lots being leased? (FS 723)

In order to help, we need the discussion to move into the facts and actual quotes from your documents (if you have docs other than FS 723 which would govern) ... can you provide these?

Here is the intro to FS 723 ...

723.002 Application of chapter.—
(1) The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which 10 or more lots are offered for rent or lease. This chapter shall not be construed to apply to any other tenancy, including a tenancy in which both a mobile home and a mobile home lot are rented or leased by the mobile home resident or a tenancy in which a rental space is offered for occupancy by recreational-vehicle-type units which are primarily designed as temporary living quarters for recreational camping or travel use and which either have their own motor power or are mounted on or drawn by another vehicle. When both the mobile home and lot are rented or when fewer than 10 lots are available for rent or lease, the tenancy shall be governed by the provisions of part II of chapter 83, the “Florida Residential Landlord and Tenant Act.” However, this chapter shall continue to apply to any tenancy in a park even though the number of lots offered in that park has been reduced to below 10 if that tenancy was subject to the provisions of this chapter prior to the reduction in lots. This subsection is intended to clarify existing law.
GenoS
(Florida)

Posts:3041


02/14/2019 3:57 PM  
Roberts Rules is somewhat overrated. My FS 720 homeowners association Bylaws say Roberts Rules should be followed except when there are conflicts with the Bylaws. So Bylaws can override what's set forth in Roberts Rules. There's no statutory mandate to use Roberts Rules, either.

Your association's Election Rules should be followed. Even an FS 720 HOA has almost complete freedom to run their elections however it sees fit.
BridgetM6
(Florida)

Posts:8


02/28/2019 9:44 AM  
Hi I apologize for my late reply. Election was last night and once again we documented conflict of interest. One of the election committee members counted the votes and her husband was was one of the nominees.
On top of that one of their strategies for keeping us from being nominated was distributing a letter to certain residents in our park with a private and confidential petition we had filed to HOA board to please consider removing one of your planning board persons because of destructive behavior, refusing to letting us in clubhouse, and mental instability (which is on record) Also December 15, 2018 a registered letter was sent to the treasurers requesting 7 years of bank statements, minutes, insurance, receipts...ext.. have gotten no response from them so we just made an appointment with our FMO for advice and attorney. Any other feedback would be great.
KerryL1
(California)

Posts:6403


02/28/2019 10:02 AM  
What is an FMO?
BridgetM6
(Florida)

Posts:8


02/28/2019 10:14 AM  
Federation of mobile home owners Association
GeorgeS21
(Florida)

Posts:1243


02/28/2019 11:29 AM  
I'm sorry, but this isn't making much sense.
KerryL1
(California)

Posts:6403


02/28/2019 1:06 PM  
I can't follow it very well, either. In Ca, though, Associations do not have to provide 7 years of anything except open board meeting minutes. Everything else is two years plus the current year. What does FL say about this?
GeorgeS21
(Florida)

Posts:1243


02/28/2019 2:39 PM  
Bridget,

Let's discuss just the request for financials ... do your documents provide a set rate per page for the cost of provision of the financials? Do you want copies or just to review the financials?
BridgetM6
(Florida)

Posts:8


02/28/2019 5:39 PM  
My letter requested “please find FS 723.079 enclosed and have 7 years of records and all bank statements.” I asked for copies.
BridgetM6
(Florida)

Posts:8


02/28/2019 5:44 PM  
10 cents per calendar day up to 10 days
GeorgeS21
(Florida)

Posts:1243


02/28/2019 8:10 PM  
Not sure what that means - usually there is a cost per page ...
GenoS
(Florida)

Posts:3041


03/04/2019 11:15 AM  
FS 720 allows 25 cents per page for copies unless the association has to go to an outside vendor for duplication. If an outside vendor is used they may bill for the actual cost of the service (backed up by an invoice).
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