Get 1 year of free community web site hosting from Community123.com!
Monday, March 30, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Guidance on Proxy Ballots FL
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JimB37
(Florida)

Posts:64


03/11/2020 10:08 PM  
We have a number of lots which, traditionally, have been used as a single voting block during votes involving the membership. The issue being questioned is whether the manner in which these votes are being cast is valid. Specifically, the person uses a single ballot with the number of votes written on it.

I am receiving objections saying that voting in this manner is invalid and that each lot must have its own separate ballot. To be clear, the matter of proxy is not at issue, nor is the number. Only the manner in which the votes are cast is being questioned. Since the person involved has been doing this for a very long time, and there is no other issue in question, I'm inclined to accept the ballot as it has previously.

I've looked at FS 720 as well as our documents and I have found no specific guidance relative to this issue. (Of course, I've also got members quite adamant that this is wrong but cannot show me where they get their information.)


Is anyone aware of any statute that addresses this sort of issue.

GenoS
(Florida)

Posts:3664


03/12/2020 12:32 AM  
In a Florida FS 720 HOA the answer completely depends upon your governing documents, most probably the Bylaws, that set our your election procedures. In a Florida Condo association there is much that the condo statute, FS 718, requires. But in an HOA virtually everything depends on your governing documents.

Are you asking, for instance, can the owner of 20 lots cast a vote saying "I own 20 lots and cast my 20 votes in favor of candidate Jones"? I don't think there's anything wrong with that, but your own procedures should spell out whether or not 20 separate ballots would need to be cast.
GeorgeS21
(Florida)

Posts:2299


03/12/2020 6:48 AM  
So, you want a piece of paper signed by the same person, for the same thing, instead of one piece of paper signed by the same person?

I like the idea of a single piece of paper.
JohnC46
(South Carolina)

Posts:9299


03/12/2020 7:42 AM  
Posted By JimB37 on 03/11/2020 10:08 PM
We have a number of lots which, traditionally, have been used as a single voting block during votes involving the membership. The issue being questioned is whether the manner in which these votes are being cast is valid. Specifically, the person uses a single ballot with the number of votes written on it.

I am receiving objections saying that voting in this manner is invalid and that each lot must have its own separate ballot. To be clear, the matter of proxy is not at issue, nor is the number. Only the manner in which the votes are cast is being questioned. Since the person involved has been doing this for a very long time, and there is no other issue in question, I'm inclined to accept the ballot as it has previously.

I've looked at FS 720 as well as our documents and I have found no specific guidance relative to this issue. (Of course, I've also got members quite adamant that this is wrong but cannot show me where they get their information.)


Is anyone aware of any statute that addresses this sort of issue.





What a waste of time.
JimB37
(Florida)

Posts:64


03/12/2020 7:45 AM  
Just to make things perhaps more interesting, the master association is an HOA and the block of lots is a Condo assoc who is submitting these votes as part of the annual meeting involving both groups. Does this relationship change things? Does it even mean anything?
GeorgeS21
(Florida)

Posts:2299


03/12/2020 7:47 AM  
Jim,

It means you probably should put all relevant information in your initial post.
BarbaraT1
(Texas)

Posts:298


03/12/2020 12:55 PM  
What a waste of paper!
GenoS
(Florida)

Posts:3664


03/12/2020 3:28 PM  
Posted By JimB37 on 03/12/2020 7:45 AM
Just to make things perhaps more interesting, the master association is an HOA and the block of lots is a Condo assoc who is submitting these votes as part of the annual meeting involving both groups. Does this relationship change things? Does it even mean anything?

When it comes to Master HOAs and subs, I'm out. It's like navigating a labyrinth.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Guidance on Proxy Ballots FL



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement