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LindaC3 (Florida)
Posts: 526
Posted:
Good Day All.... WHEW...made it thru our last official BOD Meeting if the year.... I do believe they are all on the defense now because the elections are coming up next month....The MOST RUDEST meeting I have ever attended... Now for my question.....

When is the effective date of any BY LAW amendements that gets voted on at the Annual Members Meeting ? Our By Laws state that any amendment must be certified by the Sect. after the election and then filed with the Clerk of Courts in our County.... The reason I ask is, that one of our amendments we are voting on is to change the number of BOD members from 3- 13 TO 9- 13.... Our Election lady says we can MAKE THIS EFFECTIVE the day of the election.. I say NO because it still has to certified by the Sect and then recorded downtown for it to be valid..And before you tell me to go see what is written in our By Laws about this I will tell you this...

We DO NOT have anything written in any of our governing documents with regards to any election procedures..NOTHING !!!! This was brought up at Sundays meeting as to why we keep changing how we do things here and where is the written procedure about the elections and we were told " Our Newsletter is our OFFICIAL GOVERNING DOCUMENT "... We about fell out of our chairs with laughter.... We were also informed that if you show up at the meeting in January with a proxy and even it is on the purple paper they will NOT LET you use the proxy as it was not verified by the office on Friday before the election...

Any thoughts please and Thank you as always in advance.....LindaC
DonnaS (Tennessee)
Posts: 5,671
Posted:

Linda,
Boy, you are keeping me busy these days. What a shame that any meeting is turned into a "you verses them". I am on a 5 member Board and the only female. We are a TEAM, not always agreeing on some minor things but a TEAM. You guys are the standards by which the community is guided. Number one on my priority after the amendment vote is over would be to have a pow wow with each other on working together.

Okay, question on the amendment vote. When the final vote is counted and the President closes the meeting, the vote is now effective. You need to of course, register with the County under your CC&Rs to be valid but it goes into effect right away after the vote.

Whoever told you that your newspaper is your official governing document must be on another page someplace but IT IS NOT YOUR DOCUMENTS .

Proxies must be the official copy that is sent out from your office/ Pm or wherever they are composed. You state that they must be verified by the office on Friday before the election? If that is in your ByLaws, then that IS what you have to follow. If it is NOT in the Bylaws, then you have to follow. 720;306 (8) Proxy Voting see below.

8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
I hope that this helps. Donna
LindaC3 (Florida)
Posts: 526
Posted:
Donna..Thanks Bunches and you are correct...what a shame that we have a BOD that fails to recognize the fact that our Association is void of anything in our By Laws that pertains to the election process here.They wing it every year, make up rules as they go along, and leave most people here with a bad taste in their mouths.
As a member of the By Law Committe I tried till I was blue in the face to clean up our By Laws , make them more in tune with current Fla Laws, and have standard procedure for the election process here...Well I was in a not so polite way told THAT WE CAN JUST MAKE IT A RULE... They don't want the By Laws to be a big long complicated document . Let's keep it simple they say...... Well how simple can you get when they can't even recognize Fla Law that allows for people to vote in person or proxy..No where does the State say the proxy has to be verified by the office, it does however refer to the governing documents.. which of course we DO NOT HAVE... We have made up RULES...that change week to week....

What's comical is that our By Laws are THREE PAGES
Deed Restrictions.. TWENTY SIX PAGES
The Rule Book....... OVER THIRTY PAGES...... And inside this rule book are RULES that most definetly conflict with the Deed Restrictions...AMAZING to say the least..

Well here's hoping my Christmas wish comes true and we have a total cleansing of the BOD this time around and we can put in place people who understand the need for the survival of this HOA.....

Merry Christmas to All at HOA TALK...It's been a GREAT YEAR INDEED.........LindaC3
GloriaM (North Carolina)
Posts: 829
Posted:
The documents do not become effective until they are recorded within the County.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Linda, Gloria is correct. I had a lapse here. Get them filed the next day
SusanW1 (Michigan)
Posts: 5,202
Posted:
RE: the "Rule Book" - is this the same as Standing Rules or Policies and Procedures? They can be changed with a majority vote by the Board, if so - UNLESS there is a higher power that governs over these rules and process of amendment is written somewhere else. Of course, these should not be in conflict with any higher power document. Purge these conflicting Rules for the new year and have fun!

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