Community Association Act

Hello,

Master Association Bylaws 5.02.05.Direct Balloting. If and when the Community Association Act shall authorize the Master Association to furnish ballots, rather than proxies, to Members for election of Directors, then the provisions of the Community Association Act with respect to election of Directors shall supersede the providions of this Section 5.02.

That is what that section in the Bylaws of our Master Association says.

The state is Florida.

Does anyone know what this "Community Association Act" is?

Jim

Jim,

The Community Association Act has never passed. The concept was to write Statutes that all types of associations would follow under 1 common set of Statutes. Meaning is that condos, stand alones, mobile parks, etc would all follow one common set. They are still trying to get this project accepted by the HOA community but I would vote against this for sure.

Please tell me what "5,02,05 Direct Balloting is? Is this taken from your own documents, which is what I believe this is?

Jim,

Let me try to seperate all of this. There are 2 sets of documents. One is the Master which are the priority documents for the CC&Rs in the developement.

The other set of docs is your "umbrella" set or as I prefer to call it, the SUB association. This is the set of documents that your section (aka sub) association follows. Your Articles of Inc may read different from the Master association because you are a seperate corp as well as your Bylaws may as well.

Only your Covenants and Use Restrictions must be the same because the Master governs the entire look and use of the entire developement, including all sub associations. Therefore, each sub group may have different bylaws which include Board member numbers, how you vote and basically how you govern the sub section as a seperate corp apart from the Master..

I really wonder in who's infinite wisdom, decided to add "" the clause, "when the Community Association Act shall authorize the Master Association to furnish ballots, rather than proxies, to Members for election of Directors," uses the phrase "shall authorize," as if the Master Association is not allowed to allow direct ballot voting

Obviously from this, all members under the Master Association are allowed to vote for Board members and for amendments to the CC&Rs? If so, that is why there is a different voting procedure.

My Master Association does not vote for Board members. Officers(preferrably the President of the sub and another officer) from each sub are appointed to the Master Board which reduces much of the hullaboloo for seating a Master Board.

Hi Donna,

Our Master Declaration of Covenants, Conditions, Restrictions and Easements differs from our Umbrella Declaration of Covenants, Conditions and Restrictions; and our Master Articles of Incorporation differs from our Umbrella Articles of Incorporation; and our Master Bylaws differs from our Umbrella Bylaws.

The smallest associations are the Neighborhood Associations, which are under the umbrella of the Umbrella Association. The Master Association encompasses the Umbrella Association plus other property.

The Turnover Date for the Umbrella Association occurred in 1997.

The Turnover Date for the Master Association occurred much later.

Jim