counting votes/Fl

Started by LaverneB • 4 replies • 1444 views

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LaverneB (Florida)
Posts: 79

Posted:

How or does anyone know the legal way votes are supposed to be counted for a new HOA board members? How can I find out the right/legal way it is to be done. We do NOT have a management co and the way its being done I was told is all wrong. Maybe a web site I can go to? Thanks LaVerne B/Florida

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Ever read your own CC&R's or By-laws? It's in there. Each HOA is different so it's best to consult your own documents. Articles of Incorporation documents may have it referenced as well. Sometimes HOA answers are already in your own hands....

Former HOA President

LaverneB (Florida)
Posts: 79

Posted:

Melissa I was our HOA Presdient for 5 years. Nothing is in are docs/reg. about how votes are to be "counted" Only date/time, and how its to be mailed out,etc.It has been done (counted) behind doors in another room and now I believe it is not legal according to Florida...just thought before I call Tallahassee someone might know.

CarolR11 (Colorado)
Posts: 2,563

Posted:

First, Laverne, who collects the ballots? How are they kept secure an safe from tampering?

Others know more about FL than I do, so you may hear from them. Apparently there are a couple of kinds of corporations codes to look at depending on how you're incorporated.

In CA, votes must be counted where any Owner can observe the tabulations. If not counted at an actual meeting, in CA, notice must be posted 4 days before the counting occurs stating when & where the ballots will be counted.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laverne,

Typically the governing documents are silent on how votes should be counted.
Since most Associations are also incorporated, corporate law will also apply (in addition to the HOA/COA laws). Procedures for accepting votes, etc. are typically within corporate law.

State law varies, so you should check your States applicable corporate law.

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