MichelleL4 (Florida)
Posts: 38
Posts: 38
Posted:
Our docs state:
Article III
Section 1 Membership: every person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a Member of the Association, provided that any such person or entity who holds aan interest merely as security for the performance of an obligation shall not be a Member.
Section 2 Voting Rights: The Association shall have two class of voting Membership.
(a) Class A: Class A member shall be those owners as defined above with the exception of the Declarant. A person or entity who owns a Lot, including all builders, whether it is unimproved or contains a dwelling, for resale to another party for occupancy shall be a Class member. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership By Section 1 of this Article III.
Article VI
Membership & Voting Rights General Membership
Every owner of a Lot which is subject to assessment shall be a member of the Association, subject to and bound by the Associations' Articles of Incorporation, By-Laws, Rules and Regulations and the Declaration. The forgeoing does not include persons or entities who hold a leasehold interest in a Lot and also does not include an interest in a Lot meerely as security fo the performance of an obligation. Ownership, as defined above, shall be the sole qualification.
Section 2 Voting Members As to each Lot owned by one (1) or more Owners, Class A members shall be entitled to one (1) vote for each Lot owned. When more than one person hold an interest in any Lot, all such persons shall be members. The votes for such Lot shall be excercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
Section 5 Quorum The presence at a meeting of Voting Members entitled to cast, or of proxies entitled to cast, 30% of the votes of both Class of membership shall constitute a quorum fo rany action except as otherwise provided in the Articles of Incorporation, the Declaration or these By-Laws.
Section 6 Proxies At all meetings of memb ers, each Voting Member may vote in person or by proxy. All proxies shall be in writing, signed by the Voting Member and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Voting member of his Lot or the revocation of his Voting Member Designation Certification.
Article V Board of Directors
Section 4 Election Each Voting Member shall be entitled to cast votes for each vacancy on the Board of Directors that is to be filled at that election. The Persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Well, here is the deal. The HOA proxy only gives two choices to give your proxy to. It is either a Limited or a General depending on which box you check. However, the one choice of who to give your proxy to is NOT a record owner on the deed in the community. Only her husband is. From what I can see this invalidates any proxies that are in her name since she is not a Member and therefore has no voting rights. Does this also invalidate the proxy for the Quorum since she is not a Member and has no voting rights?
Article III
Section 1 Membership: every person or entity who is a record owner of a fee or undivided fee interest in any Lot shall be a Member of the Association, provided that any such person or entity who holds aan interest merely as security for the performance of an obligation shall not be a Member.
Section 2 Voting Rights: The Association shall have two class of voting Membership.
(a) Class A: Class A member shall be those owners as defined above with the exception of the Declarant. A person or entity who owns a Lot, including all builders, whether it is unimproved or contains a dwelling, for resale to another party for occupancy shall be a Class member. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership By Section 1 of this Article III.
Article VI
Membership & Voting Rights General Membership
Every owner of a Lot which is subject to assessment shall be a member of the Association, subject to and bound by the Associations' Articles of Incorporation, By-Laws, Rules and Regulations and the Declaration. The forgeoing does not include persons or entities who hold a leasehold interest in a Lot and also does not include an interest in a Lot meerely as security fo the performance of an obligation. Ownership, as defined above, shall be the sole qualification.
Section 2 Voting Members As to each Lot owned by one (1) or more Owners, Class A members shall be entitled to one (1) vote for each Lot owned. When more than one person hold an interest in any Lot, all such persons shall be members. The votes for such Lot shall be excercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
Section 5 Quorum The presence at a meeting of Voting Members entitled to cast, or of proxies entitled to cast, 30% of the votes of both Class of membership shall constitute a quorum fo rany action except as otherwise provided in the Articles of Incorporation, the Declaration or these By-Laws.
Section 6 Proxies At all meetings of memb ers, each Voting Member may vote in person or by proxy. All proxies shall be in writing, signed by the Voting Member and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Voting member of his Lot or the revocation of his Voting Member Designation Certification.
Article V Board of Directors
Section 4 Election Each Voting Member shall be entitled to cast votes for each vacancy on the Board of Directors that is to be filled at that election. The Persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Well, here is the deal. The HOA proxy only gives two choices to give your proxy to. It is either a Limited or a General depending on which box you check. However, the one choice of who to give your proxy to is NOT a record owner on the deed in the community. Only her husband is. From what I can see this invalidates any proxies that are in her name since she is not a Member and therefore has no voting rights. Does this also invalidate the proxy for the Quorum since she is not a Member and has no voting rights?