Suspension of voting rights in FL HOA

SuzanneL (Florida)
Posts: 32

Posted:

Our board just voted to suspend the voting rights of members who are 90 days or more past due in their monthly assessment. In the past, each address was read into the record and made part of the vote. This time they didn't. Also, the resolution didn't mention sending the written notice required under Chapter 720. I advised the president after the meeting that letters were required.

Do the addresses of the delinquint members have to be part of the record?

Does the board also have to vote to send the letter to each delinquint member?

The election is next month so a special meeting would need to be called.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Suzanne,

The section of the statute you are trying to comply with is FL 720.305(4&5). I interprete that statute as:

1) there is no need to consider each member/address individually when the board makes the decision to suspend votes under this section. Therefore, there is no need to document each address in the minutes. However, the total number of lots having voting privileges suspended should be in the minutes.

Example: Motion made to suspend the voting rights of all lots, total of x, who's account is in arrears 90 days or more. Motion passed ## yea to ## nay

2) FL 720 is very clear, by use of the word "must" (which is the same as "shall"), that notice of this must be sent to the owners.

Here is the section of the statute:

(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association may not be counted towards the total number of voting interests for any purpose, including, but not limited to, the number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

(5) All suspensions imposed pursuant to subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.