Voting at annual meeting

My HOA says I can't vote for board members because I am not a dues paying member. I live in non-mandatory HOA community. I agree that I would not be able to vote on social issues but elections would be governed by Statute 723, wouldn't they? Bylaws say we need to be dues paying member to vote. Wouldn't state law supercede bylaws in this situation?

Colleen,

I am not well versed in FL 723. I am not a lawyer and I do not work in the legal profession.

From looking through FL 723, I can see that there are certain rights granted owners and certain rights granted members.

FL 723.0751 specifies that "The owners of lots in the mobile home subdivision are entitled to vote only on matters that effect their rights contained in ss. 723.002(2) and 723.074."

Since you are not a "member" of the Association and since election of Board members is not part of 723.002(2) (which refers you to 723.035, 723.037, 723.038, 723.054, 723.055, 723.056, 723.058, and 723.068 or 723.074 - Sale of facilities serving a mobile home subdivision there is no basis for you, a non member, to cast a vote to elect a member of the Board.

Hope this helps,

Tim