procedures for counting proxies FLA

Our HOA (FS 720) sent out proposed amendment changes with a limited proxy in advance of our annual membership mtg.
Volunteers(3)were counting the votes. The mtg. was adjourned before the counting was completed. The volunteers shortly
thereafter, while some members were still present, announced the results. The property mgr. secured the results from
the volunteers and went into her office and used a calculator for a few minutes and returned stating "the announced
results were incorrect" and stated the "correct results". The property mgr. said that the volunteers had added their
totals to her existing totals incorrectly. It was apparant that proxies mailed in before the mtg. had already been counted
by her, and the only proxies that the volunteers saw were collected at the time of the meeting. No procedures for counting
proxies exist in our gov. docs.. What should legally be done??

Hi Dorothy:

When governing documents are silent then State Statutes would apply. Tim gave you the link for Non-Profit and here is information from Chapter 720:

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

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

(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.

Dorothy

Did the counters disagree with the property manager?

Are you accusing the property manager of pulling a fast one?

Where are you going or wanting from this?

Thanks.