FLORIDA/HOA bad election/compaint filed with Div. Of FL Condo/statutes 720.306 and 718.1255

Started by MarleeS • 5 replies • 2891 views

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MarleeS (Florida)
Posts: 50

Posted:

A member was advised by the wise ole member here to go to this FL Statute (below) and then call the Division of FL Condo, etc to file a complaint about specific HOA annual election irregularities.
He says and it reads that this is the only part of Statute 718 that includes HOA's.

Has anyone here from Florida HOA been thru this before?????
~~~~~~~
HOA Statute 720.306/ 9 c says:
Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the Division.
Such proceeding must be conducted in the manner provided by statute 718.1255 and the procedural rules adopted by the Division.

http://www.myfloridalicense.com/dbpr/lsc/index.html

Division of Florida Condominiums, Timeshares, and Mobile Homes

GlenL (Ohio)
Posts: 5,491

Posted:

If you're going to quote a section, quote the whole thing not the part you hope makes your point:

(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

Studies show that 5 out of 4 people have problems with fractions

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Marlee likes to look at/quote only the parts she likes.

JonD1
Posts: 2,350

Posted:

Marlee has an agenda and she is willing to read only what she wants, understand only what she wants, and listens to only what suits her.

MarleeS (Florida)
Posts: 50

Posted:

My question was:

Has anyone here from Florida HOA been thru this before?

MarleeS (Florida)
Posts: 50

Posted:

First...these above comments are exactly what I am talking about Boards with attitudes.
Instead of answering the questing they chose to go after the messenger.

This info (below) is for FL HOA Members only...You DO have the legal right to challenge your HOA Bd elections thru the Condo statute.

MANDATORY BINDING ARBITRATION FORM PETITION--ELECTION DISPUTE
http://www.myfloridalicense.com/dbpr/lsc/ARB/Petition-ElectionDispute.pdf

DBPR FORM HOA 6000-3
Effective: 2/3/05
- 1 -
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

Note that this form is to be used when filing for Division arbitration of an election dispute in a
homeowners’ association pursuant to sections 720.311 and 720.306(9), Florida Statutes.

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