Florida Notice of Annual Meeting & Election & Proxy

Hi Michelle:

Here is the statute for FL annual HOA meetings. This is if you are Homeowner’s Association and not a Condominium. Per a couple of your statements I am at this time posting information for HOA.

I would think there should have been a line on the proxy form for you to designate who you desire to have represented as your proxy. I also would have an issue with someone telling me I could only designate individuals they have chosen, it is my proxy and I choose whom I trust to represent me for meetings. You might speak with a board member or the HOA attorney and ask why there is not a line for you to designate your proxy.

It could be at this time they do not have any volunteers and are looking for nominations from the floor. Hopefully they get the volunteers, as it is very important to fill the board and have homeowner’s participate.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.306.html

 (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.
 (a)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.
 (b)If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.

 (9)ELECTIONS AND BOARD VACANCIES.—Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held or, if the election process allows voting by absentee ballot, in advance of the balloting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

BTW, Florida statues requires a quorum of 30% of homeowners, unless the by laws state a lower number. NOT 1/3.

Also, a proxy for a member's meeting does not give the proxy holder the athority to vote on that person's behalf. All it does is help get the quorum. So, signing it over to the HOA does not really do anything.

Could someone print the wording for a PROXY that is used for establishing a quorum, only?

Hi Susan,
Here is a sample proxy we have for the establishment of a quorum.
HTH,
Ann

Will they accept a signed proxy that is sent to the person who will be carrying it via fax or scanned over? We have been having arguments regarding this issue and some say a faxed or scanned copy is valid and others say they aren't when it comes to HOA ELECTIONS