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Florida quorum and voting question

Started by LisaS26 • 17 replies • 1744 views

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LisaS26 (Florida)
Posts: 7
Posted:
Florida Statute requires 30% for a quorum unless a lower number is specified in the bylaws. The only language in the bylaws is that elections are with a majority of the homeowners who are present or with a proxy. There is nothing specifically addressing a quorum. Does that general language trump the quorum requirement?

Does the quorum requirement count only those homes elgible to vote (not delinquent in fees) or is it all homes?

Finally, the association held an election with fewer than 30%. The bylaws say elections need to be by ballot and the election was by raised hands. Does this meeing/vote need to be redone?

It is a HOA and not a condo association.

Thanks in advance for any help.
JohnH38 (South Carolina)
Posts: 100
Posted:
Lisa

Most covenants are typically vague about election procedures. It behooves your BOD to make specific election rules in accordance with the terms of your covenants, and deed them at the ROD office of the county.

JohnH38

PeterD3 (Florida)
Posts: 708
Posted:
Florida Statute requires 30% for a quorum unless a lower number is specified in the bylaws. The only language in the bylaws is that elections are with a majority of the homeowners who are present or with a proxy. There is nothing specifically addressing a quorum. Does that general language trump the quorum requirement?

>>The Florida Statutes apply here- 30% in person or by proxy.

Does the quorum requirement count only those homes elgible to vote (not delinquent in fees) or is it all homes?

>>The statutes do allow the lots/members/etc. with suspended voting rights to be excluded from the quorum calculation BUT their voting rights must be formally suspended by the BOD following the proper protocol. Being behind in dues in and of itself is not sufficient to qualify for exclusion.

Finally, the association held an election with fewer than 30%. The bylaws say elections need to be by ballot and the election was by raised hands. Does this meeing/vote need to be redone?

>>It comes down to the membership here.
Yes it sounds like it was conducted improperly BUT... does the membership care?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Lisa,

Do your governing documents specify a quorum amount for the annual meeting?

Since elections are held at the annual meeting, the required quorum might may be under the annual meeting section of the documents vs. under the section about electing directors.
LisaS26 (Florida)
Posts: 7
Posted:
I read the entire document. There is nothing specifically mentioning a quorum, just the paragraph about election being by majority of those present.
LisaS26 (Florida)
Posts: 7
Posted:
Quote:
Posted By PeterD3 on 12/05/2012 8:07 AM
Florida Statute requires 30% for a quorum unless a lower number is specified in the bylaws. The only language in the bylaws is that elections are with a majority of the homeowners who are present or with a proxy. There is nothing specifically addressing a quorum. Does that general language trump the quorum requirement?

>>The Florida Statutes apply here- 30% in person or by proxy.

Does the quorum requirement count only those homes elgible to vote (not delinquent in fees) or is it all homes?

>>The statutes do allow the lots/members/etc. with suspended voting rights to be excluded from the quorum calculation BUT their voting rights must be formally suspended by the BOD following the proper protocol. Being behind in dues in and of itself is not sufficient to qualify for exclusion.

Finally, the association held an election with fewer than 30%. The bylaws say elections need to be by ballot and the election was by raised hands. Does this meeing/vote need to be redone?

>>It comes down to the membership here.
Yes it sounds like it was conducted improperly BUT... does the membership care?

There are a few members up in arms about the elections. Personally, I think the election should be redone, with a quorum and written ballots.
CarolF (Florida)
Posts: 435
Posted:
Please confirm to us that you are an HOA under FL statutes 720, and NOT a condominium under 718. Very different rules apply.
CarolF (Florida)
Posts: 435
Posted:
Sorry - I reread and see that you answered my question
CarolF (Florida)
Posts: 435
Posted:
How many people were running, and how many director positions were to be filled? If it was the same number, and there were no nominations from the floor, then I don't see why the election couldn't be acclaimed by a show of hands. Again, the number for the quorum is 30% in person or by proxy.
CarolF (Florida)
Posts: 435
Posted:
Also wanted to add that the state statute trumps your language. If you documents stated a lower number than 30% then that would apply.
JohnH38 (South Carolina)
Posts: 100
Posted:
I get many proxies in the mail as a stockholder.

All say if you don't return this proxy, agree with the BOD decisions.

It is the equivalent of a signed proxy IMHO.

JohnH38
LisaS26 (Florida)
Posts: 7
Posted:
Quote:
Posted By CarolF on 12/05/2012 12:26 PM
Also wanted to add that the state statute trumps your language. If you documents stated a lower number than 30% then that would apply.

My concern was the language regarding elections being decided by a majority of those present. There is no language specifically referencing "quorum".

I'm thinking the best thing now is to just set another meeting with a new election making sure there is a quorum.
LisaS26 (Florida)
Posts: 7
Posted:
There were two people running for each president and vice president. The vote was a show of hands, the intial vote for president was a tie. One member said I'll change my vote.
CarolR11 (Colorado)
Posts: 2,563
Posted:
In most HOAs, LisaS, directors elect the officers, e.g., press., VP, usually from among members of the board. Are you saying that your bylaws state that homeowners elect officers?
CarolF (Florida)
Posts: 435
Posted:
Yes, Lisa, my smaller HOA and our larger master HOA elect directors. The directors then elect the officer positions among themselves. If your documents say differently would you post that language. So, I think you said that 4 people nominated themselves to run for the board and there were 2 available positions, do I understand you correctly?
LisaS26 (Florida)
Posts: 7
Posted:
Yes, there was the existing president and vice president who were renominated and then a second nomination for president and vice president. The only one not wanting to beon the board was me and no one wanted the secretary/treasurer position.
LisaS26 (Florida)
Posts: 7
Posted:
Quote:
Posted By CarolR11 on 12/06/2012 8:34 AM
In most HOAs, LisaS, directors elect the officers, e.g., press., VP, usually from among members of the board. Are you saying that your bylaws state that homeowners elect officers?

We are in a 57 home subdivision. The board and the officers are one and the same.
CarolR11 (Colorado)
Posts: 2,563
Posted:
LisaS, Carol F's request for the exact language in your documents that state that the homeowners elect the officers, not just the directors, is reasonable. Can you hare that language with us?

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