Proxy voting in Florida

Started by BruceO • 1 replies • 1591 views

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BruceO (Florida)
Posts: 1

Posted:

We live in a small development of 111 parcels. At our last annual meeting several names appeared on the ballot that were not on the ballot sent to the homeowners ! Needless to say its my understanding that the Secretary of the Association was given approximately 40 unassigned proxy's since they were either given to him or were sent in without a designated person to cast their vote. It is my understanding that this is legal, however it gives alot of power to a person holding this position. Are there any ways to prevent this from happening in the future ?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Bruce:

Welcome to HOAtalk.

Here is a link for your state statutes … you should become familiar with these along with your governing documents.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20720

The following section deals with voting and proxy:

720.306 Meetings of members; voting and election procedures; amendments.—

(8)PROXY VOTING.—

Now in essence to answer your overall question … members of an HOA can amend their documents with the proper agreement of homeowners as noted in said documents or state statutes. However, any amendments cannot violate state statutes and in some instances local ordinances (i.e., fences, etc.).

The first sentence in the Proxy Voting states: The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. Read your governing documents and this section information to answer your question.

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