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PatR4 (Florida)
Posts: 27
Posted:
The BOD sent out proxies to vote on new mailboxes months ago. The proxy showed an end date to vote. Since they did not get enough votes, they left it open, now for about three months. It’s this legal. We are in palm beach county fl. Can you point me to the statute for proxies in Fl. On this?
SheliaH (Indiana)
Posts: 6,964
Posted:
What do your documents say? That's where you should start - the Bylaws usually dictate how the association is to be run, so there may be something in there about the use of proxies.

You might also try Googling your questions (it can be faster) - in this case, you could take a look at this: https://m.flsenate.gov/statutes/720.306

Regarding your question, you don't say how long was "months ago" or if "not enough votes" means not enough people voted to create a majority percentage saying yea or nay and/or if everyone who did vote said nay (there is a difference). Since there was an end date and it appears the response is no, for whatever reason, I would say the board should either start over or drop the idea (apparently not enough people are sold on the idea for whatever reason). They can't count the non-voters as an automatic approval or denial, so if they want something more definitive, they should go ahead and call for another vote with new proxies.

(all of this said, why would homeowners have to vote for new mailboxes? I would think that would have been a board decision.)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PatR4 (Florida)
Posts: 27
Posted:
The notice was sent out to the membership by the bod with an end date of July 17 when. A special meeting was held. Our docs have nothing about how long a proxy can stay open, but in the past, like with elections, the end date is always the date of the meeting.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Shelia, you asked a good question as to why there is even a vote on mailboxes. Our Association board made a decision to upgrade our mailboxes and had them installed without an owner vote. The money came out of the Replacement Reserve.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Expecting that your Association is incorporated under the FL CORPORATIONS NOT FOR PROFIT, most are but check to be sure, do a search for proxy within that code.
PatR4 (Florida)
Posts: 27
Posted:
The reason the BOD send out the proxies and did not just vote is because they got burned a couple of times for poor decisions. Also, our docs state anything material over 5000.00 must be voted on. There is nothing in our docs about proxies dates, but the state doc FL 720 306 8 states it expires 90 after the date of the original meeting. Does that mean they can’t send a second proxy out for the same issue? I’ve asked to HOA attorneys and get two opposite answers. Thanks
SheliaH (Indiana)
Posts: 6,964
Posted:
They could call for a new vote with new proxies and deadline (stick to it this time), but what's the point if you didn't get enough votes? You still haven't said what that means - not enough votes cast, not enough votes leaning one way or another - which is it?

Regarding the "poor decision making", that could mean anything. It's one thing if the board didn't get enough bids for a project or didn't do enough due diligence to select a vendor, but "poor decision" is subjective. Sometimes you do everything possible and the decision turns out to be a bad one. This happens to all of us, so the best you can do is learn from it and move on. Or it could be tbe board made a decision that was necessary, but people got mad (for example, more rule enforcement of some CCRs can get people riled up if previous boards let people do what they wanted, regardless of the CCRs and now this board is trying to turn things around.) This can happen when the board decides to act like adults.

No one said HOA board member service is easy, but good leaders know they have to make decisions in the community's best interest. It's OK to poll the homeowners on what they think and since your CCRs call for votes on expenditures over $5k, that's what they have to do. If homeowners make it clear what they do or don't want, thats what you go with. Time will tell who's right.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Recently I read an article on why polling the community can be counterproductive. Bottom line: it misleads owners into believing that community associations are democracies, and they're not.

No Good Deed Goes Unpunished: The Challenge of Surveying Condo/HOA Owners

A quote from a community association attorney:

"Many years ago, I had an association where the board was surveying owners on almost everything the board was deciding," she recalls. "But the board wasn't really clarifying that they were taking surveys.

"They were self-managed, and then at one point, the board decided to hire a management company," says Howard. "The board didn't get the owners ‘vote' to approve that. An owner actually sued, saying the board didn't get approval for that action, and that owner wanted to terminate the management agreement.

"I sort of had to tell that board, ‘You guys set yourself up for this because you let owners think they had a vote on these things,'" she explains.


Even if owners don't actually sue the association, it's still annoying to be asked for your opinion all the time, only to see that your opinion has no influence on the board's decisions.

Back to the original question. Mailboxes don't sound like the kind of thing that requires proxies. Use of proxies suggests that this has the same weight as the annual meeting and election - which is one area in which owners do have a say in the outcome. The board needs to clarify why they're doing this, and maybe re-think the wisdom of going down that route.

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